ITB 13-022 Key West Bight Ferry Terminal Boat ... - KeyWestCity.com

BID DOCUMENTS
FOR
KEY WEST BIGHT FERRY TERMINAL
BOAT LIFTS
CONSISTING OF:
BIDDING REQUIREMENTS
CONTRACT FORMS
CONDITIONS
TECHNICAL SPECIFICATIONS
ITB PROJECT #:13-022
PREPARED BY:
THE CITY OF KEY WEST
ENGINEERING SERVICES
KEY WEST, FLORIDA
SEPTEMBER 2013
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TABLE OF CONTENTS
PART 1:
BIDDING REQUIREMENTS
Invitation to Bid……………………………………………………….4-5
Instructions to Bidders………………………………………………...6-12
Bid Form………………………………………………………………13-18
Florida Bid Bond……………………………………………………...19-20
Public Entities Crime Form…………………………………………...21-22
Anti – Kickback Affidavit……………………………………………23
City of Key West Indemnification……………………………………24
Local Vendor Certification…………………………………………...25
City Ordinance & Affidavit Sec. 2-799………………………………26-30
City Ordinance & Affidavit Sec. 2-773………………………………31-35
PART 2
CONTRACT FORMS
Contract……………………………………………………………....37-38
PART 3
CONDITIONS
Conditions of Bid……………………………………………………40-42
General Conditions…………………………………………………. 43-74
Supplementary Conditions…………………………………………..75-77
Insurance Exhibits A-J……………………………………………….78-87
Grant Requirements ………………………………………………….88-93
PART 4
PART 5
SCOPE OF WORK
Scope of Work………………………….…………………………….95-96
SITE MAPS
Boat Lift Locations & Boarding Platforms…………………………..97-98
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PART 1
BIDDING REQUIREMENTS
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INVITATION TO BID
Sealed Bids addressed to the City of Key West (CITY), for the Invitation to Bid (ITB) # 13-022:
KEY WEST BIGHT FERRY TERMINAL BOAT LIFTS will be received at the office The
Clerk of the City of Key West at 3126 Flagler Ave, Key West, Florida 33040, until 3:00 p.m.,
local time, on October , 2013 and then will be publicly opened and read. Any Bids received
after the time and date specified will not be considered.
The project contemplated consists of the supply and installation on the existing seawall of two
(2) elevator boat lifts with boarding platforms including design & permitting, labor and materials
required to perform the work.
Drawings and Specifications may be obtained from Demand Star by Onvia or from the City of
Key West website (www.keywestcity.com). Please contact Demand Star at
www.demandstar.com or call 1-800-711-1712.
Each Bid must be submitted on the prescribed forms and accompanied by Bid security. Bid or
Bid security shall be by cash, by certified or cashier's check, by a Bid bond or an irrevocable
letter of credit made payable to the city and provided by a surety company authorized to do
business as a surety in the state in an amount not less than five percent of the amount of the Bid.
Performance and Payment Bonds will not be required as part of this contract.
One (1) original, one (1) copy, and 2 CD copies or flash drives in PDF format of the Bid are to
be submitted in two sealed envelopes, one within the other, clearly marked on the outside
“ITB #13-022:”KEY WEST BIGHT FERRY TERMINAL BOAT LIFTS”, and addressed to the
City Clerk.
Bidders must hold and furnish documentation of all State of Florida licenses, certifications,
registrations or competency cards required in order to Bid and perform the work specified herein.
The successful Bidder will be required to show that he/she is in compliance with the provisions
of Chapter 66 of the Code of Ordinances of the City of Key West within 10-days of Notice of
Award. The successful Bidder must demonstrate that he/she holds, as a minimum, the following
licenses and certificates:
A. City of Key West License as defined in the Code of Ordinances, Chapter 66, enabling the
Contractor to perform the work stated herein.
B. A valid Certificate of Competency issued by the Chief Building Official of the City of
Key West, which shall be valid throughout the contract time.
C. A valid Business Tax Receipt issued by the City of Key West.
All Bid bonds, insurance contracts, and certificates of insurance shall be either executed by or
countersigned by a licensed resident agent of the Surety or insurance company having his/her
place of business in the State of Florida, and in all ways complying with the insurance laws of
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the State of Florida. Further, the said Surety or insurance company shall be duly licensed and
qualified to do business in the State of Florida.
Before a Contract will be awarded for the work contemplated herein, the Owner will conduct
such investigation as is necessary to determine the performance record and ability of the apparent
lowest, qualified Bidder to perform the size and type of work specified under this Contract.
Upon request, the Bidder shall submit such information as deemed necessary by the Owner to
evaluate the Bidder's qualifications.
For information concerning the proposed work, or for appointment to visit the site of the
proposed work, contact Janet Muccino, Project Manager (305) 809-3867.
Prior to award by the CITY the successful Bidder must be able to prove that Bidder held State
Licenses prior to submittal of Bid as would be required to perform work herein. Within 10-days
after issuance of the Notice of Award, the successful Bidder must be able to prove that Bidder
holds City Licenses as would be required to perform work herein. Any permit and/or license
requirement and subsequent costs are located within the Bid document. The successful Bidder
must also be able to satisfy the City Attorney as to such insurance coverage, and legal
requirements as may be demanded in Bid. The CITY may reject Bids: (1) for budgetary reasons,
(2) if the Bidder misstates or conceals a material fact in its Bid, (3) if the Bidder does not strictly
conform to the law or is non-responsive to Bid requirements, (4) if the Bid is conditional, (5) if a
change of circumstances occurs making the purpose of the Bid unnecessary or (6) if such
rejection is in the best interest of the CITY. The CITY may also waive any minor informalities or
irregularities in any Bid.
This project is funded by the federal government through a grant from the Department of
Homeland Security.
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1. CONTRACT DOCUMENTS
FORMAT
INSTRUCTIONS TO BIDDERS
The Contract Documents are divided into parts, divisions, and sections for convenient
organization and reference. Generally, there has been no attempt to divide the
Specification sections into work performed by the various building trades, work by
separate subcontractors, or work required for separate facilities in the project.
The intent of the Documents is to describe a functionally complete project (or part thereof)
to be constructed in accordance with the Contract Documents. Any work, materials, or
equipment that may reasonably be inferred from the Contract Documents, as being required
to produce the intended result shall be supplied whether or not specifically called for.
DOCUMENT INTERPRETATION
The separate sections contained within these Contract Documents are intended to be
mutually cooperative and to provide all details reasonably required for the execution of
the proposed work.
Should there be any doubt as to the meaning or intent of said Contract Documents, the
Bidder should request of the Project Manager, in writing, at least ten (10) calendar days
prior to the Bid opening, an interpretation thereof. Any interpretation or change in said
Contact Documents will be made only in writing, in the form of addenda to the
Documents which will be furnished through Demand Star to all registered holders of the
Contract Documents. Bidders shall submit with their Bids, or indicate receipt of, all
Addenda. The Owner will not be responsible for any other explanation or interpretations
of said Documents.
2. DESCRIPTION OF THE PROJECT
The work to be completed for this project can be found in Part 4. The Bidder will be
required to complete all work as specified.
3. QUALIFICATION OF CONTRACTORS
Bidders must hold all licenses, certifications, registrations or competency cards required
by Florida Statute and local ordinances in order to perform the work specified herein.
4. BIDDER'S UNDERSTANDING
Each Bidder must inform him/herself of the conditions relating to the execution of the
work, and it is required that he/she will inspect the site(s) and make himself/herself
thoroughly familiar with the Bid Documents. Failure to do so will not relieve the
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successful Bidder of his/her obligation to enter into a Contract and complete the
contemplated work in strict accordance with the Bid Documents. It shall be the Bidder’s
obligation to verify for himself and to his complete satisfaction all information
concerning site and construction or worksite conditions.
The Owner will make available to prospective Bidders upon request and at the office of
the Project Manager, prior to Bid opening, any information that he/she may have as to
conditions at the worksites.
Investigations conducted by the Project Manager of any locations were made for the
purpose of study and design, and the Project Manager assumes no responsibility whatever
in respect to the sufficiency or accuracy of data or other investigations that have been
made, or of the interpretations made thereof, and there is no warranty or guaranty, either
express or implied, that the conditions indicated by such investigations are representative
of those existing throughout such area, or any part thereof, or that unforeseen
developments may not occur.
Copies of any existing documents regarding the work sites can be viewed at Engineering
Services, City Hall 3140 Flagler Avenue and any that are made available shall not be
considered a part of the Contract Documents, said documents are made available only for
the convenience of the Bidders.
Information derived from Drawings showing location of utilities and structures will not in
any way relieve the contractor from any risk, or from properly examining the site and
making such additional investigations as he/she may elect, or from properly fulfilling all
the terms of the Contract Documents.
Each Bidder shall inform him/herself of, and the Bidder awarded a Contract shall comply
with, federal, state, and local laws, statutes, and ordinances relative to the execution of
the work. This requirement includes, but is not limited to, applicable regulations
concerning minimum wage rates, nondiscrimination in the employment of labor,
protection of public and employee safety and health, environmental protection, the
protection of natural resources, fire protection, burning and non-burning requirements,
permits, fees, and similar subjects. Performance and Payment Bonds are not required as
part of this contract.
5. TYPE OF BID
A. LUMP SUM
The Bid for the work is to be submitted on a LUMP SUM basis. LUMP SUM prices
shall be broken down on a unit price basis for each part of the project in the Bid and a
Schedule of Values shall be included with the Bid. The total amount to be paid the
Contractor shall be the amount of the Lump Sum Bid as adjusted for additions or
deletions in number of units and/or resulting from Owner authorized changes in the
project or by actual number of units used in construction. The owner reserves the right to
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enter into a contract for all or portions of the project and to adjust the final Lump Sum
accordingly.
B. PREPARATION OF BIDS
GENERAL
All blank spaces in the Bid form must be filled in, as required, in BLACK INK or
TYPED. All price information will be shown in both words and figures where required.
No changes shall be made in the phraseology of the forms. Written amounts shall govern
in case of discrepancy between amounts stated in writing and the amounts stated in
figures.
Any Bid shall be deemed informal, which contains omissions, erasures, alterations, or
additions of any kind, or prices uncalled for, or in which any of the prices are obviously
unbalanced, or which in any manner shall fail to conform to the conditions of the
published ITB.
Bidders shall not submit unbalanced Bids as requested in the breakdown of Bids.
Only one (1) Bid from any individual, firm, partnership, or corporation under the same or
different names, will be considered. Should it appear to the Owner that any Bidder is
interested in more than one (1) Bid for work contemplated, all Bids in which such Bidder
is interested will be rejected.
SIGNATURE
The Bidder shall sign his/her Bid in the blank space provided therefore. If Bidder is a
corporation, the legal name of the corporation shall be set forth above, together with the
signature of the officer or officers authorized to sign Contracts on behalf of the
corporation. If the Bidder is a partnership, the true name of the firm shall be set forth
above, together with the signature of the partner or partners authorized to sign Contracts
on behalf of the partnership. If signature is by an agent, other than an officer of a
corporation or a member of a partnership, a notarized power of attorney must be on file
with the Owner prior to opening of Bids or submitted with the Bid, otherwise the Bid will
be regarded as not properly authorized.
SPECIAL BIDDING REQUIREMENTS
The Bidder's attention is brought to the hiring practices and licenses and permits of the
City of Key West. These are defined in the addition to Article 39, CODES,
ORDINANCES, PERMITS, and LICENSES.
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ATTACHMENTS
Bidder shall complete and submit the following forms with Bid or as otherwise identified
in the Bid document:
• Bid Form including detail schedule of values,
• Sworn statement under section 287.133(3)(a) Florida Statutes, on public entity
crimes,
• Anti-Kickback Affidavit
• City of Key West Indemnification Form
• Local Vendor Certification
• Equal Benefits for Domestic Partner Affidavit
• At least three (3) years of current or recent projects of similar work shall be
provided (dates of works and contacts shall be included),
• A description of any previous or existing legal action against the Bidder within
the past three (3) years. If none, Bidder shall state this fact in writing.
• All Bidders shall include with their Bid package their complete Bid on a CD or
flash drive in one (1) PDF format file (two CDs or flash drives are required with
the Bid)
Note: if any of the items above or as required in other parts of the document are not
included in the Bid, the Bid will be considered nonresponsive and therefore will be rejected
unless City Commission directs otherwise.
7. STATE AND LOCAL SALES AND USE TAX
The Owner is exempt from state sales tax on materials incorporated into the work due to
the qualification of the work under this Contract, the Contractor, as required by the laws
and statutes of the state and its political subdivisions shall pay all state and local sales and
use taxes unless stated differently in these documents. Prices quoted in the Bid shall
include all nonexempt sales and use taxes, unless provision is made in the Bid form to
separately itemize the tax.
8. SUBMISSION OF BIDS
All Bids must be submitted not later than the time prescribed, at the place, and in the
manner set forth in the ITB. Bids must be made on the Bid forms provided herewith.
Each Bid must be submitted in two sealed envelopes, one within the other, so marked as
to indicate the Bidder's name and its contents without being opened, and addressed in
conformance with the instructions in the ITB. One original, one copy, and 2 CD copies or
flash drives are required.
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9. MODIFICATIONS OR WITHDRAWAL OF BIDS
Prior to the time and date designated for receipt of Bids, any Bid submitted may be
modified or withdrawn by notice to the party receiving Bids at the place designated for
the receipt of Bids. Such notice shall be in writing over the signature of the Bidder or by
telephone, fax, or email. If by telephone, fax, or email, written confirmation over the
signature of the Bidder shall be mailed and postmarked on or before the date and time set
for receipt of Bids, and it shall be so worded as not to reveal the amount of the original
Bid. No Bid may be withdrawn after the time scheduled for the opening of Bids, unless
the time specified in paragraph 12, AWARD OF CONTRACT, in these Instructions to
Bidders shall have elapsed.
10. BID SECURITY
The Attorney-in-Fact who executes this bond in behalf of the Surety must attach a
notarized copy of his/her power-of-attorney as evidence of his/her authority to bind the
certification by a resident agent shall also be provided.
Bid or BID security shall be by cash, by certified or cashier's check, by a Bid bond or an
irrevocable letter of credit made payable to the city and provided by a surety company
authorized to do business as a surety in the state.
11. RETURN OF BID SECURITY
Within fifteen (15) days after the award of the Contract or at the discretion of the Project
Manager, the Owner will return the Bid securities to all Bidders whose Bids are not to be
further considered in awarding the Contract. Retained Bid securities will be held until
the Contract has been finally executed, after which all Bid securities, other than Bidder's
Bonds and any guarantees which have been forfeited, will be returned to the respective
Bidders whose Bids they accompanied.
12. AWARD OF CONTRACT
Within ninety (90) calendar days after the opening of the Bids, the Owner will accept one
of the Bids or will act in accordance with the following Section 13 of the Part 3:
Conditions of Bid. The acceptance of the Bid will be by written notice of award, mailed
to the office designated in the Bid, or delivered to the Bidder's representative. In the
event of failure of the lowest, responsive, qualified Bidder to sign the Contract and
provide acceptable insurance certificate(s), the Owner may award the Contract to the next
lowest, responsive, qualified Bidder. Such award, if made, will be made within ninety
(90) days after the opening of the Bids.
Bid Award will be the date of the Notice of Award letter. Any permit and/or license
requirement and subsequent costs are located within the documents. The successful
Bidder must also be able to satisfy the City Attorney as to such insurance coverage and
legal requirements as may be demanded by the Bid in question. The Owner reserves the
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ight to reject any and/or all Bids because of irregularities or due to budgetary
considerations, to waive irregularities or informalities in any or all Bids, and to accept
any Bid that the CITY OF KEY WEST deems to be in the best interest of the Owner.
13. BASIS OF AWARD
The Owner on the basis of that Bid will make the award on base bid or a combination of
base bid and alternate bids from the lowest, responsive, qualified Bidder that in the
Owner's sole and absolute judgment will serve the best interests of the Owner.
If at the time this Contract is to be awarded, the total of the lowest acceptable Bid
exceeds the funds then estimated by the Owner as available, the Owner may reject all
Bids or take such other action as best serves the Owner's interest.
14. EXECUTION OF CONTRACT
The successful Bidder shall, within ten (10) working days after receiving notice of award,
sign and deliver to the Owner the Contract together with the acceptable insurance
certificates as required in these Documents. Within ten (10) working days after receiving
the signed Contract, with acceptable insurance from the successful Bidder, the Owner's
authorized agent will sign the Contract. Signature by both parties constitutes execution
of the Contract.
15. FAILURE TO EXECUTE CONTRACT AND FURNISH BONDS
The Bidder who has a contract awarded to him/her and who fails to promptly and
properly execute the contact shall forfeit the Bid security that accompanied his Bid, and
the Bid security shall be retained as liquidated damages by the Owner, and it is agreed
that said sum is a fair estimate of the amount of the damages the Owner will sustain in
case the Bidder fails to enter into a Contract or furnish the required bonds. Bid security
deposited in the form of cash, a certified check, or cashier's check shall be subject to the
same requirements as a Bid Bond. Performance and Payment Bonds will not be required
as part of this contract.
16. PERFORMANCE OF WORK BY CONTRACTOR
The Contractor shall perform on site and with his/her own organization, labor equivalent
to at least forty (40) percent of the total amount of the work to be performed under this
Contract. If, during the progress of the work hereunder, the Contractor requests a
reduction of such percentage, and the Project Manager determines that it would be to the
client's advantage, the percentage of labor to be performed by the Contractor's own
organization may be reduced; provided prior written approval of such reduction is
obtained by the Contractor from the Project Manager.
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17. TIME OF COMPLETION
The Bidder further agrees to begin work within twenty (20) calendar days after the date
of the Notice to Proceed and to complete the construction of all items in the lump sum
base Bid, in all respects, for this particular project, within ninety (60) calendar days after
receipt of all permits. Contractor is responsible to apply for all permits in a timely manner
and keep project manager informed of progress.
18. PAYMENT TERMS
The Contractor will bill the City on a monthly basis. Terms of payment will be a
maximum of 45 days from receipt of invoice. The Contractor may bill the City on a more
frequent basis if agreed upon by the Project Manager. The Contractor may also bill the
City for materials on site once proof of delivery and storage is provided.
19. LICENSES, PERMITS, AND FEES
The Contractor is responsible for identifying, obtaining and paying for all licenses and
permits from Federal, State, and Local agencies required to perform the work as stated in
Bid document. The Contractor shall verify the list with the appropriate City of Key West
Departments. The timely submittal of all permits applications is the responsibility of the
contractor.
Pursuant to the Public Bid Disclosure Act, each license, permit, or fee a Contractor will
have to pay the City of Key West before or during construction or the percentage method
or unit method of all licenses, permits, and fees REQUIRED BY THE CITY OF KEY
WEST and payable to the City by virtue of this construction as part of the Contract is as
follows:
• Key West, Business Tax Receipt
• General Contractors License
LICENSES, PERMITS, AND FEES THAT MAY BE REQUIRED BY THE STATE
OF FLORIDA, STATE AGENCIES, OR BY OTHER LOCAL GOVERNMENTAL
ENTITIES ARE NOT INCLUDED IN THE ABOVE LIST.
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Notice to Bidder: Use Black Ink or Type For Completing the Form.
BID
To:
The City of Key West
Address: 3126 Flagler Ave, Key West, Florida 33040
Project Title:
KEY WEST BIGHT FERRY TERMINAL BOAT LIFTS
Project: ITB #13-022
BIDDER’S INFORMATION
Name:
Address:
___________________________________________
___________________________________________
___________________________________________
___________________________________________
Contact Name: ___________________________________________
Email:
Telephone:
Fax:
___________________________________________
___________________________________________
___________________________________________
Signature: ________________________________________________ Date: ______________
BIDDER'S DECLARATION AND UNDERSTANDING
The undersigned, hereinafter called the Bidder, declares that the only persons or parties
interested in this Bid are those named herein, that this Bid is, in all respects, fair and without
fraud, that it is made without collusion with any official of the Owner, and that the Bid is made
without any connection or collusion with any person submitting another Bid on this Contract.
The Bidder further declares that he/she has carefully examined the Contract Documents for the
construction of the project, that he/she has personally inspected the site, that he/she has satisfied
himself/herself as to the quantities involved, including materials and equipment, and conditions
of work involved, including the fact that the description of the quantities of work and materials,
as included herein, is brief and is intended only to indicate the general nature of the work and to
identify the said quantities with the detailed requirements of the Contract Documents, and that
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this Bid is made according to the provisions and under the terms of the Contract Documents,
which Documents are hereby made a part of this Bid.
The Bidder further agrees that he/she has exercised his/her own judgment regarding the
interpretation of job conditions and has utilized all data, which he/she believes pertinent from the
Project Manager, Owner, and other sources in arriving at his/her conclusions.
The intent of the Bid Documents is to describe a functionally complete project (or part thereof) to
be constructed in accordance with the Contract Documents. Any work, materials, or equipment
that may reasonably be inferred from the Contract Documents, as being required to produce the
intended result shall be supplied whether or not specifically called for.
CONTRACT EXECUTION AND BONDS
The Bidder agrees that if this BID is accepted, he/she will, within ten (10) calendar days after
Notice of Award, sign the Contract in the form annexed hereto, will attach all required licenses
and certificates, and will, to the extent of his BID, furnish all equipment, materials, and labor
necessary to complete all work as specified or indicated in the Contract Documents. Performance
and Payment Bonds will not be required as part of this contract.
CERTIFICATES OF INSURANCE
Bidder agrees to furnish the Owner, before commencing the work under this Contract, the
certificates of insurance as specified in these Documents.
START OF CONSTRUCTION AND CONTRACT COMPLETION TIME
The Bidder further agrees to begin work within twenty (20) calendar days after the date of the
Notice to Proceed and to complete the construction of all items in the lump sum base Bid, in all
respects, for this particular project, within sixty (60) calendar days after all permits are received .
LIQUIDATED DAMAGES
In the event the Bidder is awarded the Contract and shall fail to complete the work within the
time limit or extended time limit agreed upon as more particularly set forth in the Contract
Documents, liquidated damages shall be paid to the Owner at the rate of five hundred dollars
($500.00) per day for all work awarded under this contract until the work has been satisfactorily
completed as provided by the Contract Documents. Sundays and legal holidays shall be included
in determining days in default.
ADDENDA
The Bidder hereby acknowledges that he has received Addenda No's. , , , ,
, (Bidder shall insert No. of each Addendum received) and agrees that all addenda issued
are hereby made part of the Contract Documents, and the Bidder further agrees that his Bid(s)
includes all impacts resulting from said addenda.
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SALES AND USE TAXES
The Bidder agrees that all federal, state, and local sales and use taxes are included in the stated
Bid prices for the work.
PUBLIC ENTITY CRIMES
“A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a Bid on a contract to provide any goods or services to a
public entity, may not submit a Bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit Bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
Contractor under a contract with any public entity and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list.”
LUMP SUM BASE BID
The Bidder agrees to accept as full payment for performance of the work as herein specified and
shown on the Drawings (if any), the following lump sum. The Bidder agrees that the lump sum
price represents a true measure of the design, labor, materials, and equipment required to
perform the work, including all allowances for overhead and profit for each type and unit of
work called for in these Contract Documents. The amounts shall be shown in both words and
figures. In case of a discrepancy, the amount shown in words shall govern. Final lump sum
payments will be adjusted based on actual units and unit prices.
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BID FORM
ITB #13-022: KEY WEST BIGHT FERRY TERMINAL BOAT LIFTS
LUMP SUM BASE BID PRICE* for supply & installation of 2 boat lifts each with a
composite boarding platform
$_____________________________________
Bid Total in Words
BID BREAKDOWN*
The Bidder shall provide a schedule of values for all aspects of the project including
mobilization/demobilization, labor and materials, permitting, etc. required or to be used for the
project. The schedule of values shall be in sufficient detail to allow the owner to understand how
the Bidder arrived at said Base Bid and Alternate Bid prices and shall become part of the
contract for basis of payment. The City may ask for a more detailed schedule of values if one
submitted is not sufficient.
*FINAL PAYMENT WILL BE BASED ON ACTUAL QUANTITIES MEASURED IN
THE FIELD AND APPROVED BY CITY STAFF
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SUBCONTRACTORS
The Bidder further proposes that the following subcontracting firms or businesses will be
awarded subcontracts for the following portions of the work in the event that the Bidder is
awarded the Contract:
Portion of Work:
Name:
Address:
Portion of Work:
Name:
Address:
Portion of Work:
Name:
Address:
BIDDER
The name of the Bidder submitting this Bid is: __________________________________
Doing business at _____________________________________________________________
City ___________________________________State ______________Zip________________
Telephone No._____________________________________
This address is where all communications concerning this Bid shall be sent.
The names of the principal officers of the Corporation submitting this Bid, or of the Partnership,
or of all persons interested in this Bid as Principals are as follows:
Name
Title
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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If Corporation
IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed
and its seal affixed by its duly authorized officers this _______day of ________________, 2013.
(SEAL)
Name of Corporation
By: ___________________________________________________
Title: _________________________________________________
Attest: _________________________________________________
Secretary
If Sole Proprietor or Partnership
IN WITNESS hereto the undersigned has set his/her/its hand this ______day of _____________,
2013.
Signature of Bidder _____________________________________
Title_____________________________________
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FLORIDA BID BOND
BOND NO.________________________
AMOUNT $_______________________
KNOW ALL MEN BY THESE PRESENTS, that
____________________________________________________________, hereinafter called the
PRINCIPAL, and ____________________________________________, a corporation duly
organized under the laws of the State of ______________having its principal place of business at
_____________________________________________in the State of _________________ and
authorized to do business in the State of Florida, as SURETY, are held firmly bound unto
hereinafter called the Obligee, in the sum of __________________________________________
DOLLARS ($_______________________) for the payment for which we bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents..
THE CONDITION OF THIS BOND IS SUCH THAT:
WHEREAS, the PRINCIPAL is herewith submitting his or its Bid or Bid for:
KEY WEST BIGHT FERRY TERMINAL BOAT LIFTS, said Bid, by reference thereto, being
hereby made a part hereof.
WHEREAS, the PRINCIPAL contemplates submitting or has submitted a Bid to the OBLIGEE
for the furnishing of labor, materials, (except those specifically furnished by the Owner),
equipment, machinery, tools, apparatus, means of transportation for, and the performance of the
work covered in the Bid and the detailed Specifications entitled:
KEY WEST BIGHT FERRY TERMINAL BOAT LIFTS
WHEREAS, it was a condition precedent to the submission of said Bid that a cashier's check,
certified check, or Bid bond in the amount of five (5) percent of the base Bid be submitted with
said Bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written
Contract with the Owner for the performance of said Contract, within five (5) working days after
written notice having been given of the award of the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the PRINCIPAL within
five (5) working days after written notice of such acceptance, enters into a written Contract with
the OBLIGEE then this obligation shall be void: otherwise the sum herein stated shall be due and
payable to the OBLIGEE and the Surety herein agrees to pay said sum immediately upon
19

demand of the OBLIGEE in good and lawful money of the United States of America, as
liquidated damages for failure thereof of said principal.
Signed and sealed this day of, _________________ 2013.
_______________________________________
PRINCIPAL
____________________________________
By
______________________________________
SURETY
___________________________________
Attorney-In-Fact
20

SWORN STATEMENT UNDER SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PROJECT ITB #13-021: MARINE SANITATION SEWER SYSTEM- WAHOO AND KINGFISH PIERS
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICE
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Bid or Contract No. ____________________________ for
__________________________________________________________________________________
2. This sworn statement is submitted by ______________________________________________________
(Name of entity submitting sworn statement)
whose business address is _______________________________________________________________
_____________________________________________________________and (if applicable) its Federal
Employer Identification Number (FEIN) is _____________________________(If the entity has no FEIN,
include the Social Security Number of the individual signing this sworn statement.)
3. My name is and my relationship to
(Please print name of individual signing)
the entity named above is .
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including but not limited to, any Bid or contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida Statutes, means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication guilt, in any
federal or state trial court of record relating to charges brought by indictment information after July 1,
1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management of t entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered
an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(8), Florida Statutes, means any natural
21

person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which Bids or applies to Bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
term "person" includes those officers, directors, executives, partners, shareholders, employees, members,
and agents who are active in management of an entity.
8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity
submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in management of the entity, nor any
affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989, AND (Please indicate which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing of the State of Florida,
Division of Administrative Hearings. The final order entered by the hearing officer did not
place the person or affiliate on the convicted vendor list. (Please attach a copy of the final
order.)
The person or affiliate was placed on the convicted vendor list. Them has been a subsequent
proceeding before a hearing officer of the State of Florida, Division of Administrative
Hearings. The final order entered by the hearing officer determined that it was in the public
interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy
of the final order.)
The person or affiliate has not been put on the convicted vendor list. (Please describe any
action taken by or pending with the Department of General Services.)
(Signature)
(Date)
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
___________________________________ who, after first being sworn by me, affixed his/her signature in the
(Name of individual signing)
space provided above on this day of ________________________, 2013.
My commission expires:
____________________________________________
NOTARY PUBLIC
22

ANTI-KICKBACK AFFIDAVIT
PROJECT ITB #13-022: KEY WEST FERRY TERMINAL BOAT LIFTS
STATE OF ___________________ )
: SS
COUNTY OF _________________ )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein Bid will
be paid to any employees of the City of Key West as a commission, kickback, reward or gift,
directly or indirectly by me or any member of my firm or by an officer of the corporation.
By: __________________________
Sworn and subscribed before me this
day of ________________, 2013.
___________________________________________
NOTARY PUBLIC, State of _______________at Large
My Commission Expires: ______________________
23

CITY OF KEY WEST INDEMNIFICATION FORM
To the fullest extent permitted by law, the Contractor expressly agrees to indemnify and hold
harmless the City of Key West, their officers, directors, agents, and employees (herein called the
“indemnities”) from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney’s fees and court costs, such legal expenses to include costs incurred in
establishing the indemnification and other rights agreed to in this Paragraph, to persons or
property, to the extent caused by the negligence, recklessness, or intentional wrongful
misconduct of the Contractor its Subcontractors or persons employed or utilized by them in the
performance of the Contract. Claims by indemnities for indemnification shall be limited to the
amount of Contractor’s insurance or $1 million per occurrence, whichever is greater. The parties
acknowledge that the amount of the indemnity required hereunder bears a reasonable commercial
relationship to the Contract and it is part of the project specifications or the bid documents, if
any.
The indemnification obligations under the Contract shall not be restricted in any way by any
limitation on the amount or type of damages, compensation, or benefits payable by or for the
Contractor under workers’ compensation acts, disability benefits acts, or other employee benefits
acts, and shall extend to and include any actions brought by or in the name of any employee of
the Contractor or of any third party to whom Contractor may subcontract a part or all of the
Work. This indemnification shall continue beyond the date of completion of the work.
CONTRACTOR:________________________________________
SEAL:
________________________________________
Address
________________________________________
Signature
________________________________________
Print Name
________________________________________
Title
Date
24

LOCAL VENDOR CERTIFICATION PURSUANT TO CKW ORDINANCE 09-22
SECTION 2-798
The undersigned, as a duly authorized representative of the vendor listed herein, certifies to the best of
his/her knowledge and belief, that the vendor meets the definition of a “Local Business.” For purposes of
this section, “local business” shall mean a business which:
a. Principle address as registered with the FL Department of State located within 30 miles of the
boundaries of the city, listed with the chief licensing official as having a business tax receipt with
its principle address within 30 miles of the boundaries of the city for at least one year
immediately prior to the issuance of the solicitation.
b. Maintains a workforce of at least 50 percent of its employees from the city or within 30 miles of
its boundaries.
c. Having paid all current license taxes and any other fees due the city at least 24 hours prior to the
publication of the call for bids or request for proposals.
• Not a local vendor pursuant to Ordinance 09-22 Section 2-798
• Qualifies as a local vendor pursuant to Ordinance 09-22 Section 2-798
If you qualify, please complete the following in support of the self-certification & submit copies of your
County and City business licenses. Failure to provide the information requested will result in denial of
certification as a local business.
Business Name
Current Local Address:
(P.O Box numbers may not be used to establish status)
Phone:
Fax:
Length of time at this address
____________________________________________
Signature of Authorized Representative
_____________________
Date
STATE OF_________________
COUNTY OF_______________
The foregoing instrument was acknowledged before me this _________day of ________, 2013.
By_____________________________________________, of____________________________
(Name of officer or agent, title of officer or agent) Name of corporation acknowledging)
or has produced____________________________________________as identification
(type of identification)
________________________________
Signature of Notary
________________________________
Return Completed form with
Print, Type or Stamp Name of Notary
Supporting documents to:
City of Key West Purchasing
________________________________
Title or Rank
25

EQUAL BENEFITS FOR DOMESTIC PARTNERS AFFIDAVIT
PROJECT ITB #13-022: KEY WEST FERRY TERMINAL BOAT LIFTS
STATE OF ____________________ )
: SS
COUNTY OF ________________ )
I, the undersigned hereby duly sworn, depose and say that the firm of ______________________
provides benefits to domestic partners of its employees on the same basis as it provides benefits
to employees’ spouses per City of Key West Ordinance Sec. 2-799.
By: __________________________
Sworn and subscribed before me this
day of ________________, 2013.
___________________________________________
NOTARY PUBLIC, State of _______________ at Large
My Commission Expires: ______________________
26

City Ordinance Sec. 2-799
Requirements for City Contractors to Provide Equal Benefits for Domestic Partners
(a)
Definitions. For purposes of this section only, the following definitions shall apply:
(1) Benefits means the following plan, program or policy provided or offered by a
contractor to its employees as part of the employer's total compensation package:
sick leave, bereavement leave, family medical leave, and health benefits.
(2) Bid shall mean a competitive bid procedure established by the city through the
issuance of an invitation to bid, request for proposals, request for qualifications,
or request for letters of interest.
(3) Cash equivalent means the amount of money paid to an employee with a
domestic partner in lieu of providing benefits to the employee's domestic partner.
The cash equivalent is equal to the employer's direct expense of providing
benefits to an employee for his or her spouse.
The cash equivalents of the following benefits apply:
a. For bereavement leave, cash payment for the number of days that would
be allowed as paid time off for the death of a spouse. Cash payment would
be in the form of the wages of the domestic partner employee for the
number of days allowed.
b. For health benefits, the cost to the contractor of the contractor's share of
the single monthly premiums that are being paid for the domestic partner
employee, to be paid on a regular basis while the domestic partner
employee maintains such insurance in force for himself or herself.
c. For family medical leave, cash payment for the number of days that would
be allowed as time off for an employee to care for a spouse who has a
serious health condition. Cash payment would be in the form of the wages
of the domestic partner employee for the number of days allowed.
(4) Contract means any written agreement, purchase order, standing order or similar
instrument entered into pursuant to the award of a bid whereby the city is
committed to expend or does expend funds in return for work, labor, professional
services, consulting services, supplies, equipment, materials, construction,
construction related services or any combination of the foregoing.
(5) Contractor means any person or persons, sole proprietorship, partnership, joint
venture, corporation, or other form of doing business, that is awarded a bid and
enters into a covered contract with the city, and which maintains five (5) or more
full-time employees.
(6) Covered contract means a contract between the city and a contractor awarded
subsequent to the date when this section becomes effective valued at over twenty
thousand dollars ($20,000).
(7) Domestic partner shall mean any two adults of the same or different sex, who
have registered as domestic partners with a governmental body pursuant to state
or local law authorizing such registration, or with an internal registry maintained
by the employer of at least one of the domestic partners. A contractor may
institute an internal registry to allow for the provision of equal benefits to
27

employees with domestic partner who do not register their partnerships pursuant
to a governmental body authorizing such registration, or who are located in a
jurisdiction where no such governmental domestic partnership registry exists. A
contractor that institutes such registry shall not impose criteria for registration that
are more stringent than those required for domestic partnership registration by the
City of Key West pursuant to Chapter 38, Article V of the Key West
Code of Ordinances.
(8) Equal benefits mean the equality of benefits between employees with spouses
and employees with domestic partners, and/or between spouses of employees and
domestic partners of employees.
(b)
Equal benefits requirements.
(1) Except where otherwise exempt or prohibited by law, a Contractor awarded a
covered contract pursuant to a bid process shall provide benefits to domestic
partners of its employees on the same basis as it provides benefits to employees’
spouses.
(2) All bid requests for covered contracts which are issued on or after the effective
date of this section shall include the requirement to provide equal benefits in the
procurement specifications in accordance with this section.
(3) The city shall not enter into any covered contract unless the contractor certifies
that such contractor does not discriminate in the provision of benefits between
employees with domestic partners and employees with spouses and/or between
the domestic partners and spouses of such employees.
(4) Such certification shall be in writing and shall be signed by an authorized officer
of the contractor and delivered, along with a description of the contractor's
employee benefits plan, to the city's procurement director prior to entering into
such covered contract.
(5) The city manager or his/her designee shall reject a contractor's certification of
compliance if he/she determines that such contractor discriminates in the
provision of benefits or if the city manager or designee determines that the
certification was created, or is being used for the purpose of evading the
requirements of this section.
(6) The contractor shall provide the city manager or his/her designee, access to its
records for the purpose of audits and/or investigations to ascertain compliance
with the provisions of this section, and upon request shall provide evidence that
the contractor is in compliance with the provisions of this section upon each new
bid, contract renewal, or when the city manager has received a complaint or has
reason to believe the contractor may not be in compliance with the provisions of
this section. This shall include but not be limited to providing the city manager or
his/her designee with certified copies of all of the contractor's records pertaining
to its benefits policies and its employment policies and practices.
(7) The contractor may not set up or use its contracting entity for the purpose of
evading the requirements imposed by this section.
(c)
Mandatory contract provisions pertaining to equal benefits. Unless otherwise exempt,
every covered contract shall contain language that obligates the contractor to comply with
28

the applicable provisions of this section. The language shall include provisions for the
following:
(1) During the performance of the covered contract, the contractor certifies and
represents that it will comply with this section.
(2) The failure of the contractor to comply with this section will be deemed to be a
material breach of the covered contract.
(3) If the contractor fails to comply with this section, the city may terminate the
covered contract and all monies due or to become due under the covered contract
may be retained by the city. The city may also pursue any and all other remedies
at law or in equity for any breach.
(4) If the city manager or his designee determines that a contractor has set up or used
its contracting entity for the purpose of evading the requirements of this section,
the city may terminate the covered contract.
(d)
Enforcement. If the contractor fails to comply with the provisions of this section:
(1) The failure to comply may be deemed to be a material breach of the covered
contract; or
(2) The city may terminate the covered contract; or
(3) Monies due or to become due under the covered contract may be retained by the
city until compliance is achieved; or
(4) The city may also pursue any and all other remedies at law or in equity for any
breach;
(5) Failure to comply with this section may also subject contractor to the procedures
set forth in Division 5 of this article, entitled "Debarment of contractors from city
work."
(e)
Exceptions and waivers.
The provisions of this section shall not apply where:
(1) The contractor does not provide benefits to employees' spouses.
(2) The contractor is a religious organization, association, society or any non-profit
charitable or educational institution or organization operated, supervised or
controlled by or in conjunction with a religious organization, association or
society.
(3) The contractor is a governmental entity.
(4) The sale or lease of city property.
(5) The provision of this section would violate grant requirement, the laws, rules or
regulations of federal or state law (for example, The acquisition services procured
pursuant to Chapter 287.055, Florida Statutes known as the "Consultants'
Competitive Negotiation Act").
(6) Provided that the contractor does not discriminate in the provision of benefits, a
contractor may also comply with this section by providing an employee with the
cash equivalent of such benefits, if the city manager or his/her designee
determines that either:
29

a. The contractor has made a reasonable yet unsuccessful effort to provide
equal benefits. The contractor shall provide the city manager or his/her
designee with sufficient proof of such inability to provide such benefit or
benefits which shall include the measures taken to provide such benefits or
benefits and the cash equivalent proposed, along with its certificate of
compliance, as is required under this section.
(7) The city commission waives compliance of this section in the best interest of the
city, including but not limited to the following circumstances:
a. The covered contract is necessary to respond to an emergency.
b. Where only one bid response is received.
c. Where more than one bid response is received, but the bids
demonstrate that none of the bidders can comply with the
requirements of this section.
(f)
(g)
City's authority to cancel contract. Nothing in this section shall be construed to limit the
city's authority to cancel or terminate a contract, deny or withdraw approval to perform
a subcontract or provide supplies, issue a non-responsibility finding, issue a nonresponsiveness
finding, deny a person or entity prequalification, or otherwise deny a
person or entity city business.
Timing of application. This section shall be applicable only to covered contracts
awarded pursuant to bids which are after the date when this section becomes effective.
30

CONE OF SILENCE AFFIDAVIT
STATE OF ________________ )
: SS
COUNTY OF ________________ )
I the undersigned hereby duly sworn depose and say that all owner(s), partners, officers,
directors, employees and agents representing the firm of _______________________________
have read and understand the limitations and procedures regarding communications concerning
City of Key West issued competitive solicitations pursuant to City of Key West Ordinance
Section 2-773 Cone of Silence (attached).
Sworn and subscribed before me this
day of ________________, 2013.
___________________________________________
NOTARY PUBLIC, State of ______________ at Large
My Commission Expires: ______________________
31

Sec. 2-773. Cone of Silence
(a) Definitions. For purposes of this section, reference to one gender shall include the other, use
of the plural shall include the singular, and use of the singular shall include the plural. The
following definitions apply unless the context in which the word or phrase is used requires a
different definition:
1) Competitive Solicitation means a formal process by the City of Key West relating to
the acquisition of goods or services, which process is intended to provide an equal
and open opportunity to qualified persons and entities to be selected to provide the
goods or services. Completive Solicitation shall include request for proposals
("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI"),
invitation to bid ("ITB") or any other advertised solicitation.
2) Cone of Silence means a period of time during which there is a prohibition on
communication regarding a particular Competitive Solicitation.
3) Evaluation or Selection Committee means a group of persons appointed or designated
by the City to evaluate, rank, select, or make a recommendation regarding a Vendor
or the Vendor's response to the Competitive Solicitation. A member of such a
committee shall be deemed a city official for the purposes of subsection (c) below.
4) Vendor means a person or entity that has entered into or that desires to enter into a
contract with the City of Key West or that seeks an award from the City to provide
goods, perform a service, render an opinion or advice, or make a recommendation
related to a Competitive Solicitation for compensation or other consideration.
5) Vendor's Representative means an owner, individual, employee, partner, officer, or
member of the board of directors of a Vendor, or a consultant, lobbyist, or actual or
potential subcontractor or sub consultant who acts at the behest of a Vendor in
communicating regarding a Competitive Solicitation.
(b) Prohibited Communications: A Cone of Silence shall be in effect during the course of a
Competitive Solicitation and prohibit:
1) Any communication regarding a particular Competitive Solicitation between a
potential Vendor or Vendor's Representative and the City's administrative staff
including, but not limited to, the city manager and his or her staff;
2) Any communication regarding a particular Competitive Solicitation between a
potential Vendor or Vendor's Representative and the Mayor, City Commissioners, or
their respective staff;
32

3) Any communication regarding a particular Competitive Solicitation between a
potential Vendor or Vendor's Representative and any member of a City evaluation
and/or selection committee therefore; and
4) Any communication regarding a particular Competitive Solicitation between the
Mayor, City Commissioners, or their respective staff, and a member of a City
evaluation and/or selection committee therefore.
(c) Permitted Communications: Notwithstanding the foregoing, nothing contained herein shall
prohibit:
1) Communication between members of the public who are not Vendors or a Vendor’s
representative and any city employee, official or member of the City Commission;
2) Communications in writing at any time with any city employee, official or member of the
City Commission, unless specifically prohibited by the applicable Competitive
Solicitation.
(A) However, any written communication must be filed with the City Clerk. Any
City employee, official or member of the City Commission receiving or
making any written communication must immediately file it with the City
Clerk.
(B) The City Clerk shall include all written communication as part of the agenda
item when publishing information related to a particular Competitive
Solicitation.
3) Oral communications at duly noticed pre-bid conferences;
4) Oral presentations before publically noticed evaluation and/or selection committees;
5) Contract discussions during any duly noticed public meeting;
6) Public presentations made to the City Commission or advisory body thereof during any
duly noticed public meeting;
7) Contract negotiations with city staff following the award of a Competitive Solicitation by
the City Commission; or
33

8) Purchases exempt from the competitive process pursuant to section 2-797 of these Code
of Ordinances.
(d) Procedure
1) The Cone of Silence shall be imposed upon each Competitive Solicitation at the time of
Public Notice of such solicitation as provided by section 2-826 of this Code. Public
notice of the Cone of Silence shall be included in the notice of the Competitive
Solicitation. The city manager shall issue a written notice of the release of each
Competitive Solicitation to the affected departments, with a copy thereof to each
Commission member, and shall include in any public solicitation for goods and services a
statement disclosing the requirements of this ordinance.
2) The Cone of Silence shall terminate at the time the City Commission or other authorized
body makes final award or gives final approval of a contract, rejects all bids or responses
to the Competitive Solicitation, or takes other action which ends the Competitive
Solicitation.
3) Any City employee, official or member of the City Commission that is approached
concerning a Competitive Solicitation while the Cone of Silence is in effect shall notify
such individual of the prohibitions contained in this section. While the Cone of Silence is
in effect, any City employee, official or member of the City Commission who is the
recipient of any oral communication by a potential Vendor or Vendor’s Representative in
violation of this section shall create a written record of the event. The record shall
indicate the date of such communication, the persons with whom such communication
occurred, and a general summation of the communication.
(e) Violations/penalties and procedures.
1) A sworn complaint alleging a violation of this ordinance may be filed with the City
Attorney’s office. In each such instance, an initial investigation shall be performed to
determine the existence of a violation. If a violation is found to exist, the penalties and
process shall be as provided in section 1-15 of this Code.
2) In addition to the penalties described herein and otherwise provided by law, a violation of
this ordinance shall render the Competitive Solicitation void at the discretion of the City
Commission.
3) Any person who violates a provision of this section shall be prohibited from serving on a
City of Key West advisory board, evaluation and/or selection committee.
34

4) In addition to any other penalty provided by law, violation of any provision of this
ordinance by a City of Key West employee shall subject said employee to disciplinary
action up to and including dismissal.
5) If a Vendor is determined to have violated the provisions of this section on two more
occasions it shall constitute evidence under City Code section 2-834 that the Vendor is
not properly qualified to carry out the obligations or to complete the work contemplated
by any new Competitive Solicitation. The City’s Purchasing Agent shall also commence
any available debarment from city work proceeding that may be available upon a finding
of two or more violations by a Vendor of this section.
35

PART 2
CONTRACT FORMS
36

CONTRACT
This Contract, made and entered into this _______ day of _________ 2013, by and between the
CITY OF KEY WEST, hereinafter called the "Owner", and
hereinafter called the "Contractor";
WITNESSETH:
The Contractor, in consideration of the sum to be paid him by the Owner and of the covenants
and agreements herein contained, hereby agrees at his own proper cost and expense to do all the
work and furnish all the materials, tools, labor, and all appliances, machinery, and appurtenances
for the PROJECT ITB #13-022: KEY WEST BIGHT FERRY TERMINAL BOAT LIFTS, to the
extent of the BID made by the Contractor, dated this _______ day of ______________ 2013, all
in full compliance with the Contract Documents referred to herein:
BIDDING REQUIREMENTS, CONTRACT FORMS, CONDITIONS OF THE CONTRACT,
SPECIFICATIONS, AND DRAWINGS (if any), which consists of KEY WEST BIGHT FERRY
TERMINAL BOAT LIFTS are hereby referred to and by reference made a part of this Contract
as fully and completely as if the same were fully set forth herein and are mutually cooperative
therewith.
In consideration of the performance of the work as set forth in these Contract Documents, the
Owner agrees to pay to the Contractor the LUMP SUM BID amount in the Bid as adjusted in
accordance with the Contract Documents, or as otherwise herein provided, and to make such
payments in the manner and at the times provided in the Contract Documents.
The Contractor agrees to complete the work within the time specified in the Contract, and to
accept as full payment hereunder the amounts as determined by the Contract Documents and
based on the said Bid.
The Contractor agrees to remedy all defects appearing in the work or developing in the materials
furnished and the workmanship performed under this Contract during a two (2) year warranty
37

period after the date of final acceptance of the work by the Owner, and further agrees to
indemnify and hold harmless the Owner from any costs encountered in remedying such defects.
The Bidder further agrees to begin work within twenty (20) calendar days after receipt the date
of the Notice to Proceed and to complete the construction of all items in the lump sum base Bid,
in all respects, for this particular project, within sixty (60) calendar days after the date of receipt
of all permits.
In the event that the Contractor shall fail to complete the work within the time limit or the
extended time limit agreed upon, as more particularly set forth in the Contract Documents,
liquidated damages shall be paid at the rate of five hundred dollars ($500.00) per calendar day.
Sundays and legal holidays shall be included in determining days in default.
IN WITNESS WHEREOF, we, the parties hereto, each herewith subscribe the same, this
__________day of ____________ 2013.
Attest:
_______________________________
Cheryl Smith, City Clerk
By:
______________________________
Bogdan Vitas, Jr., City Manager
Contractor:
By:
Print Name:
Title:
_____________________________ Witness: ___________________________
_____________________________ Print Name: ________________________
______________________________
______________________________
38

PART 3
CONDITIONS OF THE CONTRACT
39

CONDITIONS OF BID
CITY OF KEY WEST
1. PREPARATION OF BIDS:
Bids will be prepared in accordance with the following:
a. The enclosed Bid Response Form is to be used, other forms may be rejected.
b. All information required by the Bid form shall be furnished. The BIDDER shall print
or type his/her name and manually sign the Bid Response Form plus each
continuation sheet on which an entry is made.
c. Bid delivery time must be shown and shall include Sundays and holidays.
d. BIDDER shall thoroughly examine the specifications, drawings (if any), schedule,
instructions, and all other contract documents.
e. All Bids shall be submitted in original plus one copy and 2 CDs or flash drives
containing the complete Bid in PDF format.
f. BIDDERs are advised that all CITY OF KEY WEST contracts are subject to all legal
requirements provided for in City ordinances and/or State and Federal Statutes.
2. DESCRIPTION OF SUPPLIES:
a. Any manufacturer's name, trade name, brand name, or catalog number used in the
specifications is for the purpose of describing and establishing general quality levels.
SUCH REFERENCES ARE NOT INTENDED TO BE RESTRICTIVE. Bids will be
considered for any brand, which meets the quality of the specifications for any item.
3. SUBMISSION OF BIDS:
a. Bids and changes thereto shall be enclosed in sealed envelopes addressed to the City
Clerk, City of Key West. The name and address of the BIDDER, the date and hour of
the Bid opening and the Bid number shall be placed on the outside of the envelope.
b. Bids must be submitted on the form furnished. Telecopy Bids will not be considered.
c. Unless otherwise indicated, all City of Key West Bids may be awarded on a line-item
basis.
d. Bid prices must remain in effect for ordering up to three (3) months from Bid opening
date.
4. REJECTION OF BIDS:
a. The CITY OF KEY WEST may reject Bids for any and/or all of the following
reasons: (1) for budgetary reasons, (2) if the BIDDER misstates or conceals a material
fact in his/her Bid, (3) if the Bid does not strictly conform to the law or is nonresponsive
to the Bid requirements, (4) if the Bid is conditional, or (5) if a change of
circumstances occurs making the purpose of the Bid unnecessary to the CITY OF
KEY WEST. The CITY OF KEY WEST may also waive any minor informalities or
irregularities in any Bid.
5. WITHDRAWAL OF BIDS:
a. Bids may not be withdrawn after the time set for the Bid opening for a period of time
as specified in the Instruction to BIDDERs.
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. Bids may be withdrawn prior to the time set for Bids opening. Such request must be
in writing addressed to the City Clerk.
6. LATE BIDS OR MODIFICATION:
a. Bids and modifications received after the time set for the Bid opening will not be
considered.
b. Modifications in writing received prior to the time set for the Bid opening will be
accepted.
7. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. BIDDERs shall comply with all local, state and federal directives, orders and laws as
applicable to this Bid and subsequent contract(s) including, but not limited to:
1. Equal Employment Opportunity (EEO), in compliance with Executive Order
11246, as applicable to this contract.
2. Minority Business Enterprises (MBE), as applicable to this contract.
3. Occupational Safety and Health Act (OSHA), as applicable to this contract.
8. COLLUSION:
a. The BIDDER by affixing his/her signature to this Invitation to Bid, agrees to the
following: "BIDDER certifies that his/her Bid is made without previous
understanding, agreement, or connection with any person, firm, or corporation
making a Bid for the same items and is in all respects fair, without outside control,
collusion, fraud, or otherwise illegal action”.
9. VARIANCE IN CONDITIONS:
a. Any and all special conditions and specifications attached hereto, which vary from
General Conditions, shall have precedence.
10. APPROPRIATIONS CLAUSE:
a. If the contract or delivery extends beyond the current fiscal year, which ends on
September 30, the contract shall be contingent upon the availability of funds
appropriated for such purposed in the City's annual budget for the next succeeding
fiscal year.
11. CLARIFICATION OR OBJECTION TO BID SPECIFICATIONS:
a. If any person contemplating submitting a Bid for this contract is in doubt as to the
true meaning of the specifications or other Bid documents or any part thereof, he/she
may submit to the Project Manager, jmuccino@keywestcity.com, on or before ten
calendar (10) days prior to scheduled opening a request for clarification. All such
requests for information shall be made in writing (email) and the person submitting
the request will be responsible for prompt delivery. Any interpretation of the Bid, if
made, will be made only by Addendum duly issued. Such addendum will be made
available through the DEMANDSTAR web site. The City will not be responsible for
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any other explanation or interpretation of the proposed Bid made or given prior to the
award of the contract.
12. DISCOUNTS:
a. BIDDERs may offer a cash discount for prompt payment; however, such discount
shall not be considered in determining the lowest net cost for Bid evaluation
proposed. BIDDERs are encouraged to reflect cash discounts in the unit price quoted.
b. In connection with any discount offered, time will be computed from the date of
receipt of supplies or services or form the date a correct invoice is received,
whichever is the later date. Payment is deemed to be made on the date of mailing of
the check.
13. AWARD OF CONTRACT:
a. The contract will be awarded to the lowest responsive and responsible BIDDER
whose Bid, conforming to the Request for Bid, is most advantageous to the City,
prices and other factors considered.
b. The City reserves the right to accept and award item by item, and/or by group or in
the aggregate, unless the BIDDER qualifies his/her Bid by specified limitations as
provided in four (4).
c. If two (2) or more Bids received are for the same total amount or unit price, quality
and service being equal, the contract will be awarded according to City Ordinance
Section 2-835(c).
d. Prices quoted must be f.o.b. Key West, Florida, with all transportation charges
prepaid unless otherwise specified in the Invitation to Bid.
e. A written award of acceptance (Purchase Order) and a signed contract, mailed or
otherwise furnished to the successful BIDDER shall result in a binding contract
without further action by either party.
14. LOCAL PREFERENCE:
a. Pursuant to City Code Section 2-798 the City of Key West policy of local preference
is applied to Bids submitted by qualified local businesses.
15. DAMAGE:
a. Successful BIDDER(s) will be responsible for making any and all claims against
carriers for missing or damaged items.
16. SURETY AND INSURER QUALIFICATIONS
All bonds, insurance contracts, and certificates of insurance shall be either executed by or
countersigned by a licensed resident agent of the surety or insurance company, having
his/her place of business in the State of Florida, and in all ways complying with the
insurance laws of the State of Florida. Further, the said surety or insurance company shall
be duly licensed and qualified to do business in the State of Florida.
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GENERAL CONDITIONS
TABLE OF CONTENTS
Article
DEFINITIONS
1. AS APPROVED
2. AS SHOWN, AND AS INDICATED
3. BIDDER
4. CONTRACT DOCUMENTS
5. CONTRACTOR
6. CONTRACT COMPLETION
7. DAYS
8. DRAWINGS
9. ENGINEER
10. NOTICE
11. OR EQUAL
12. OWNER
13. PLANS
14. SPECIFICATIONS
15. NOTICE TO PROCEED
16. SUBSTANTIAL COMPLETION
17. WORK
CONTRACT DOCUMENTS
18. INTENT OF CONTRACT DOCUMENTS
19. DISCREPANCIES & OMISSIONS
20. CHANGES IN THE WORK
21. EXAMINATIONS AND VERIFICATION
OF CONTRACT DOCUMENTS
22. DOCUMENTS TO BE KEPT ON THE
JOBSITE
23. ADDITIONAL CONTRACT
DOCUMENTS
24. OWNERSHIP OF CONTRACT
DOCUMENTS
THE ENGINEER
25. AUTHORITY OF THE ENGINEER
26. DUTIES & RESPONSIBILITIES OF THE
ENGINEER
27. LIMITATIONS ON ENGINEER’S
RESPONSIBILITIES
28. REJECTED WORK
29. LINES AND GRADES
30. SUBMITTALS
31. DETAIL DRAWINGS AND
Article
INSTRUCTIONS
THE CONTRACTOR & HIS EMPLOYEES
32. CONTRACTOR, AN INDEPENDENT AGENT
32 (a). ASSIGNMENT OF CONTRACT
33. SUBCONTRACTING
34. INSURANCE AND LIABILITY
A. GENERAL
B. CONTRACTOR & SUBCONTRACTOR
INSURANCE
C. COMPENSATION & EMPLOYER’S
LIABILITY INSURANCE
D. GENERAL LIABILITY INSURANCE
(INCLUDING AUTOMOBILE)
E. BUILDERS RISK ALL RISK INSURANCE
F. NO PERSONAL LIABILITY OF PUBLIC
OFFICIALS
G. SURETY AND INSURER
QUALIFICATIONS
35. INDEMNITY
36. EXCLUSION OF CONTRACTOR CLAIMS
37. TAXES AND CHARGES
38. REQUIREMENTS OF STATE LAW FOR
PUBLIC WORKS PROJECTS
39. CODES, ORDINANCES, PERMITS, AND
LICENSES
40. SUPERINTENDENCE
40(a). CONTRACTOR’S RESPONSIBILITIES
41. RECEPTION OF ENGINEER’S
COMMUNICATIONS
42. SAFETY
43. PROTECTION OF WORK AND PROPERTY
43(a). HISTORIC PRESERVATION
44. RESPONSIBILITY OF CONTRACTOR TO
ACT IN AN EMERGENCY
45. MATERIALS AND APPLIANCES
46. CONTRACTORS’ AND MANUFACTURERS’
COMPLIANCE WITH STATE SAFETY, OSHA,
AND OTHER CODE REQUIREMENTS
47. SUBSTITUTION OF MATERIALS
48. TESTS, SAMPLES, AND OBSERVATIONS
49. ROYALTIES AND PATENTS
50. CONTRACTOR’S RIGHT TO TERMINATE
CONTRACT
51. CORRECTION OF DEFECTIVE WORK
DURING WARRANTY PERIOD
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Article
PROGRESS OF THE WORK
52. BEGINNING OF THE WORK
53. SCHEDULES AND PROGRESS REPORTS
54. PROSECUTION OF THE WORK
55. OWNER’S RIGHT TO RETAIN IMPERFECT
WORK
55(a). OWNER’S RIGHT TO STOP WORK
56. OWNER’S RIGHT TO DO WORK
57. OWNER’S RIGHT TO TRANSFER
EMPLOYMENT
58. DELAYS AND EXTENSIONS OF TIME
59. DIFFERING SITE CONDITION
60. LIQUIDATED DAMAGES
61. OTHER CONTRACTS
62. USE OF PREMISES
63. SUBSTANTIAL COMPLETION DATE
64. PERFORMANCE TESTING
65. OWNER’S USE OF PORTION OF THE
WORK
66. CUTTING AND PATCHING
67. CLEANING UP
Article
PAYMENT
68. PAYMENT FOR CHANGE ORDERS
A. UNIT PRICE
B. LUMP SUM
C. COST REIMBURSEMENT WORK
69. PARTIAL PAYMENTS
A. GENERAL
B. ESTIMATE
C. DEDUCTION FROM ESTIMATE
D. QUALIFICATIONS FOR PARTIAL
PAYMENT FOR MATERIALS
DELIVERED
E. PAYMENT
70. CLAIMS FOR EXTRA WORK
71. RELEASE OF LIENS OR CLAIMS
72. FINAL PAYMENT
73. NO WAIVER OF RIGHTS
74. ACCEPTANCE OF FINAL PAYMENT
CONSTITUTES RELEASE
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DEFINITIONS
Whenever in the Contract Documents the following terms are used, the intent and meaning shall be
interpreted as follows:
1. AS APPROVED
The words "as approved", unless otherwise qualified, shall be understood to be followed by
the words "by the Engineer for conformance with the Contract Document".
2. AS SHOWN, AND AS INDICATED
The words "as shown" and "as Indicated" shall be understood to be followed by the words
"on the Drawings".
3. BIDDER
The person or persons, partnership, firm, or corporation submitting a Bid for the work
contemplated.
4. CONTRACT DOCUMENTS
The "Contract Documents" consist of the Bid Requirements, Contract Forms, Conditions of
the Contact, Specifications, Drawings, all modifications thereof incorporated into the
Documents before their execution, Change Orders, and all other requirements incorporated
by specific reference thereto. These form the Contract.
5. CONTRACTOR
The person or persons, partnership, firm, or corporation who enters into the Contract
awarded him by the Owner.
6. CONTRACT COMPLETION
The "Contract Completion" is the date the Owner accepts the entire work as being in
compliance with the Contract Documents, or formally waives nonconforming work to
extent of nonconformity, and issues the final payment in accordance with the requirements
set forth in Article, "Final Payment" of these General Conditions.
7. DAYS
Unless otherwise specifically stated, the term "days" will be understood to mean calendar
days. Business day or working day means any day other than Saturday, Sunday, or legal
holiday.
8. DRAWINGS
The term "Drawings" refers to the official Drawings, profiles, cross sections, elevations,
details, and other working drawings and supplementary drawings, or reproductions thereof
which shows the location, character, dimensions, and details of the work to be performed.
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9. ENGINEER
The person or organization identified as such in the Contract Documents. The Term
"Engineer" means the Owner’s Engineer, Owner’s contracted Engineer, or its authorized
representative.
9 (a). PROJECT MANAGER
The person or organization identified as such in the Contract Documents. The Term
"Project Manager" means the Owner’s authorized representative overseeing the project for
the City.
10. NOTICE
The term "notice" or the requirement to notify, as used in the Contract Documents or
applicable state or federal statutes, shall signify a written communication delivered in
person or by registered mail to the individual, or to a member of the firm, or to an officer of
the corporation for whom it is intended. Certified or registered mail shall be addressed to
the last business address known to him who gives the notice.
11. OR EQUAL
The term "or equal" shall be understood to indicate that the "equal" product is equivalent to
or better than the product named in function, performance, reliability, quality, and general
configuration. The Engineer will make determination of equality in reference to the project
design requirements. Such equal products shall not be purchased or installed by the
Contractor without written authorization.
12. OWNER
The person, organization, or public body identified as such in the Contract Documents.
Wherever in these Documents the word "Owner" appears, it shall be understood to mean
the City of Key West whose address is 3140 Flagler Ave, Key West, Florida 33040.
13. PLANS (See Drawings)
14. SPECIFICATIONS
The term "Specifications" refers to those portions of the Contract Documents consisting of
written technical descriptions of materials, equipment, construction systems, standards, and
workmanship as applied to the work and certain administrative details applicable thereto.
Where standard specifications, such as those of ASTM, AASHTO, etc., have been referred
to, the applicable portions of such standard specifications shall become a part of these
Contract Documents. If referenced specifications conflict with specifications contained
herein, the requirements contained herein shall prevail.
FEDERAL, STATE, COUNTY, AND LOCAL STANDARD SPECIFICATIONS
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Where portions of the work traverse or cross federal, state, county, or local highways,
roads, or streets, and the agency in control of such property has established standard
specifications governing items of work that differ from these Specifications, the most
stringent requirements shall apply.
The Contractor shall comply with all regulations and requirements of the State Highway
Department and the County Road Department wherever the work traverses or crosses
state or county highways.
15. NOTICE TO PROCEED
A written notice given by the Owner to the Contractor (with a copy to the Engineer) fixing
the date on which the Contract time will commence to run and on which the Contractor
shall start to perform his obligation under the Contract Documents. The Owner will give
the Notice to Proceed within thirty (30) calendar days following the execution of the
Contract.
16. SUBSTANTIAL COMPLETION
"Substantial Completion" shall be that degree of completion of the project or a defined
portion of the project, as evidenced by the Engineer's written notice of Substantial
Completion, sufficient to provide the Owner, at his discretion, the full-time use of the
project or defined portion of the project for the purposes for which it was intended.
"Substantial Completion" of an operating facility shall be that degree of completion that
has provided a minimum of seven (7) continuous days of successful, trouble-free,
operation, which period shall begin after all performance and acceptance testing has been
successfully demonstrated to the Engineer. All equipment contained in the work, plus all
other components necessary to enable the Owner to operate the facility in a manner that
was intended, shall be complete on the substantial completion date.
17. WORK
The word "work" within these Contract Documents shall include all material, labor, tools,
and all appliances, machinery, transportation, and appurtenances necessary to perform and
complete the Contract, and such additional items not specifically indicated or described
which can be reasonably inferred as belonging to the item described or indicated and as
required by good practice to provide a complete and satisfactory system or structure. As
used herein, "provide" shall be understood to mean, "furnish and install, complete inplace".
CONTRACT DOCUMENTS
18. INTENT OF CONTRACT DOCUMENTS
The Contract Documents are complementary, and what is called for by one shall be as
binding as if called for by all. The intent of the Documents is to describe a functionally
complete project (or part thereof) to be constructed in accordance with the Contract
Documents. Any work, materials, or equipment that may reasonably be inferred from the
Contract Documents, as being required to produce the intended result shall be supplied
whether or not specifically called for. When words, which have a well-known technical or
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trade meaning, are used to describe work, materials, or equipment, such words shall be
interpreted in accordance with that meaning.
Reference to standard specifications, manuals, or codes of any technical society,
organization or association, or to the laws or regulations of any governmental authority,
whether such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect on the first published date of the
Invitation to Bid, except as may be otherwise specifically stated. However, no provision of
any referenced standard specification, manual or code (whether or not specifically
incorporated by reference in the Contract Documents) shall be effective to change the
duties and responsibilities of Owner, Contractor, or Engineer, or any of their Contractors,
agents, or employees from those set forth in the Contract Documents, nor shall it be
effective to assign to Engineer, or any Engineer's Contractors, agents, or employees, any
duty or authority to supervise or direct the furnishing or performance of the work or any
duty or authority to undertake responsibility contrary to the provisions of Article
LIMITATIONS ON ENGINEER'S RESPONSIBILITIES.
19. DISCREPANCIES AND OMISSIONS
Any discrepancies or omissions found in the Contract Documents shall be reported to the
Engineer immediately. The Engineer will clarify discrepancies or omissions, in writing,
within a reasonable time.
In resolving inconsistencies among two or more sections of the Contract Documents,
precedence shall be given in the following order:
A. CONTRACT
B. BID
C. SPECIAL CONDITIONS
D. SUPPLEMENTARY CONDITIONS
E. REQUEST FOR BIDS
F. INSTRUCTIONS TO BIDDERS
G. GENERAL CONDITIONS
H. SPECIFICATIONS
I. DRAWINGS
Addenda shall take precedence over all sections referenced therein. Figure dimensions on
Drawings shall take precedence over scale dimensions. Detailed Drawings shall take
precedence over general Drawings.
20. CHANGES IN THE WORK
The Owner, without notice to the Sureties and without invalidating the Contract, may order
changes in the work within the general scope of the Contract by altering, adding to, or
deducting from the work, the Contract being adjusted accordingly. All such work shall be
executed under the conditions of the original Contract, except as specifically adjusted at the
48

time of ordering such change.
In giving instructions, the Engineer may order minor changes in the work not involving
extra cost and not inconsistent with the purposes of the project, but otherwise, except in an
emergency endangering life and property, additions or deductions from the work shall be
performed only in pursuance of an approved Change Order from the Owner, countersigned
by the Engineer.
If the work is reduced by alterations, such action shall not constitute a claim for damages
based on loss of anticipated profits.
21. EXAMINATIONS AND VERIFICATION OF CONTRACT DOCUMENTS
The Contractor shall thoroughly examine and become familiar with all of the various parts
of these Contract Documents and determine the nature and location of the work, the general
and local conditions, and all other matters, which can in any way affect the work under this
Contract. Failure to make an examination necessary for this determination shall not release
the Contractor from the obligations of this Contract. No verbal agreement or conversation
with any officer, agent, or employee of the Owner, or with the Engineer either before or
after the execution of this Contract, shall affect or modify any of the terms or obligations
herein contained.
22. DOCUMENTS TO BE KEPT ON THE JOBSITE
The Contractor shall keep one copy of the Contract Documents on the job- site, in good
order, available to the Engineer and to his/her representatives.
The Contractor shall maintain on a daily basis at the jobsite, and make available to the
Engineer on request, one current record set of the Drawings which have been accurately
marked to indicate all modifications in the completed work that differ from the design
information shown on the Drawings. Upon Substantial completion of the work, the
Contractor shall give the Engineer one (1) complete set of these marked up record
Drawings.
23. ADDITIONAL CONTRACT DOCUMENTS
Copies of Contract Documents or Drawings may be obtained on request from the Engineer
and by paying the actual cost of reproducing the Contract Documents or Drawings.
24. OWNERSHIP OF CONTRACT DOCUMENTS
All portions of the Contract Documents, and copies thereof furnished by the Engineer are
instruments of service for this project. They are not to be used on other work and are to be
returned to the Engineer on request at the completion of the work. Any reuse of these
materials without specific written verification or adaptation by the Engineer will be at the
risk of the user and without liability or legal expense to the Engineer. Such user shall hold
the Engineer harmless from any and all damages, including reasonable attorneys' fees, from
any and all claims arising from any such reuse. Any such verification and adaptation shall
entitle the Engineer to further compensation at rates to be agreed upon by the user and the
Engineer.
49

THE ENGINEER
25. AUTHORITY OF THE ENGINEER
The Engineer will be the Owner's representative during the construction period. His/her
authority and responsibility will be limited to the provisions set forth in these Contract
Documents. The Engineer will have the Authority to reject work that does not conform to
the Contract Documents. However, neither the Engineer's authority to act under this
provision, nor any decision made by him/her in good faith either to exercise or not to
exercise such authority, shall give rise to any duty or responsibility of the Engineer to the
Contractor, any Subcontractor, their respective Sureties, any of their agents or employees,
or any other person performing any of the work.
26. DUTIES AND RESPONSIBILITIES OF THE ENGINEER
The Engineer will make visits to the site at intervals appropriate to the various stages of
construction to observe the progress and quality of the work and to determine, in general, if
the work is proceeding in accordance with the intent of the Contract Documents. He/she
will not make comprehensive or continuous review or observation to check quality or
quantity of the work, and he/she will not be responsible for construction means, methods,
techniques, sequences, or procedures, or for safety precautions and programs in connection
with the work. Visits and observations made by the Engineer shall not relieve the
Contractor of his/her obligation to conduct comprehensive inspections of the work and to
furnish materials and perform acceptable work, and to provide adequate safety precautions,
in conformance with the intent of the Contract.
The Engineer will make recommendations to the Owner, in writing, on all claims of the
Owner or the Contractor arising from interpretation or execution of the Contract
Documents. Such recommendations will be of factual and/or technical nature, and will not
include the legal interpretation of the Contract Documents. The Owner will make any
necessary legal interpretation of the Contract Document. Such recommendation shall be
necessary before the Contractor can receive additional money under the terms of the
Contract. Changes in work ordered by the Engineer shall be made in compliance with
Article CHANGES IN THE WORK.
One or more project representatives may be assigned to observe the work. It is understood
that such project representatives shall have the authority to issue notice of nonconformance
and make decisions within the limitations of the authority of the Engineer. The Contractor
shall furnish all reasonable assistance required by the Engineer or project representatives
for proper observation of the work. The above-mentioned project representatives shall not
relieve the Contractor of his/her obligations to conduct comprehensive inspections of the
work and to furnish materials and perform acceptable work, and to provide adequate safety
precautions, in conformance with the intent of the Contract.
27. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
Engineer will not be responsible for Contractor's means, methods, techniques, sequences,
50

or procedures of construction, or the safety precautions and programs incident thereto, and
Engineer will not be responsible for Contractor's failure to perform or furnish the work in
accordance with the Contract Documents.
Engineer will not be responsible for the acts or omissions of Contractor or of any
Subcontractor, any supplier, or of any other person or organization performing or
furnishing any of the work.
Whenever in the Contract Documents the terms "as ordered", "as directed", "as required",
"as allowed", "as approved", or terms of like effect or import are used, or the adjectives
"reasonable", "suitable", "acceptable", "proper", or "satisfactory", or adjectives of like
effect or import are used to describe a requirement, direction, review or judgment of
Engineer as to the work, it is intended that such requirement, direction, review, or judgment
will be solely to evaluate the work for compliance with the Contract Documents (unless
there is a specific statement indicating otherwise). The use of any such term or adjective
shall not be effective to assign to Engineer any duty or authority to supervise or direct the
furnishing or performance of the work or any duty or authority to undertake responsibility
contrary to the provisions of this Article.
28. REJECTED WORK
Any defective work or nonconforming materials or equipment that may be discovered at
any time prior to expiration of the warranty period shall be removed and replaced by work
which shall conform to the provisions of the Contract Documents. Any material
condemned or rejected shall be removed at once from the project site.
Failure on the part of the Engineer to condemn or reject bad or inferior work or to note
nonconforming materials or equipment on Contractor submittals shall not be construed to
imply acceptance of such work. The Owner shall reserve and retain all of its rights and
remedies at law against the Contractor and its Surety for correction of any and all latent
defects discovered after the guarantee period.
29. LINES AND GRADES
Lines and grades shall be established as provided in the supplementary conditions. All
stakes, marks, and other reference information shall be carefully preserved by the
Contractor, and in case of their careless or unnecessary destruction or removal by him/her
or his/her employees, such stakes, marks, and other information shall be replaced at the
Contractor's expense.
It will be the Contractor's responsibility to layout the work and to transfer elevations from
benchmarks. Where new construction connects to existing facilities, the Contractor shall
check and establish the exact location prior to construction of the facilities.
The Contractor shall furnish all surveys, labor, and equipment, including setting all
alignment and gradient, grade stakes, batter boards, and everything necessary to lay out
his/her work. The Contractor shall be responsible for maintaining and re-establishing at
his expense, all control points. After completion of his construction, he shall reset all
permanent monuments at their original locations and elevations.
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The Engineer may check all layout work, and the Contractor shall furnish all necessary
labor, equipment, and materials, and shall cooperate and assist the Engineer in making
such checks.
The dimensions for lines and elevations for grades of the fuel system structures,
appurtenances, and utilities will be shown on Drawings produced by the Contractor for
the issuance of all required permits, together with other pertinent information required for
laying out the work. If site conditions vary from those indicated, the Contractor shall
notify the Engineer immediately, who will make any minor adjustments as required.
30. SUBMITTALS
After checking and verifying all field measurements and after complying with applicable
procedures specified in Division I, GENERAL REQUIREMENTS, Contractor shall submit
to Engineer, in accordance with the schedule for submittals for review, shop drawings,
electrical diagrams, and catalog cuts for fabricated items and manufactured items
(including mechanical and electrical equipment), which shall bear a stamp or specific
written indication that Contractor has satisfied Contractor's responsibilities under the
Contract Documents with respect to the review of the submittal. All submittals shall be
identified as Engineer may require. The data shown shall be complete with respect to
quantities, dimensions specified, performance and design criteria, materials, and similar
data to enable Engineer to review the information. Contractor shall also submit to Engineer
for review, with such promptness as to cause no delay in work, all samples required by the
Contract Documents. All samples shall have been checked by and accompanied by a
specific written indication that Contractor has satisfied Contractor's responsibilities under
the Contract Documents with respect to the review of the submission and shall be identified
clearly as to material, supplier, pertinent data such as catalog numbers and the use for
which intended.
Before submission of each submittal, Contractor shall have determined and verified all
quantities, dimensions, specified performance criteria, installation requirements, materials,
catalog numbers, and similar data with respect thereto and reviewed or coordinated each
submittal with other submittals and with the requirements of the work and the Contract
Documents.
At the time of each submission, Contractor shall give Engineer specific written notice of
each variation that the submittal may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on each shop
drawing submitted to Engineer for review and approval of each variation.
Engineer will review submittals with reasonable promptness, but Engineer's review will be
only for conformance with the design concept of the project and for compliance with the
information given in the Contract Documents and shall not extend to means, methods,
techniques, sequences, or procedures of construction (except where a specific means,
method, technique, sequence, or procedure of construction is indicated in or required by the
Contract Documents) or to safety precautions or programs incident thereto. The review of
a separate item as such will not indicate review of the assembly in which the item
functions. Contractor shall make corrections required by Engineer, and shall return the
required number of corrected copies of shop drawings and submit as required new samples
for review. Contractor shall direct specific attention in writing to revisions other than the
52

corrections called for by Engineer on previous submittals.
Engineer's review of submittals shall not relieve Contractor from the responsibility for any
variation from the requirements of the Contract Documents unless Contractor has in
writing called Engineer's attention to each such variation at the time of submission and
Engineer has given written approval of each such variation by a specific written notation
thereof incorporated therein or accompanying the shop drawing or sample approval; nor
will any approval by Engineer relieve Contractor from responsibility for errors or
omissions in the shop drawings or from responsibility for having complied with the
provisions herein.
Where a shop drawing or sample is required by the specifications, any related work
performed prior to Engineer's review and approval of the pertinent submission shall be at
the sole expense and responsibility of the Contractor.
31. DETAIL DRAWINGS AND INSTRUCTIONS
The Engineer will furnish, with reasonable promptness, additional instructions by means of
Drawings or otherwise, if, in the Engineer's opinion, such are required for the proper
execution of the work. All such Drawings and instructions will be consistent with the
Contract Documents, true developments thereof, and reasonably inferable there from.
THE CONTRACTOR AND HIS EMPLOYEES
32. CONTRACTOR, AN INDEPENDENT AGENT
The Contractor shall independently perform all work under this Contract and shall not be
considered as an agent of the Owner or of the Engineer, nor shall the Contractor's
Subcontractors or employees be subagents of the Owner or of the Engineer.
32. (a) ASSIGNMENT OF CONTRACT
Assignment of any part or the whole of this Contract shall be subject to review and
approval of the City Commission.
33. SUBCONTRACTING
Unless modified in the Supplementary Conditions, within ten (10) calendar days after the
execution of the Contract, the Contractor shall submit to the Engineer the names of all
Subcontractors proposed for the work, including the names of any Subcontractors that were
submitted with the Bid. The Contractor shall not employ any subcontractors to which the
Owner may object to as lacking capability to properly perform work of the type and scope
anticipated.
The Contractor is as fully responsible to the Owner for the acts and omissions of his
Subcontractors and of persons either directly or indirectly employed by them as he is for
the acts and omissions of persons directly employed by him.
Nothing contained in the Contract Documents shall create any contractual relationship
between any Subcontractor and the Owner or Engineer.
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34. INSURANCE AND LIABILITY
A. GENERAL
The Contractor shall provide (from insurance companies acceptable to the Owner)
the insurance coverage designated hereinafter and pay all costs.
Before commencing work under this Contract, Contractor shall furnish the Owner
with certificates of insurance specified herein showing the type, amount class of
operations covered, effective dates, and date of expiration of policies, and
containing substantially the following statement:
"The insurance covered by this certificate shall not be canceled or materially
altered, except after 30 days' written notice has been received by the Owner."
In case of the breach of any provision of this Article, the Owner, at his option, may
take out and maintain, at the expense of the Contractor, such insurance as the
Owner may deem proper and may deduct the cost of such insurance from any
monies which may be due or become due the Contractor under this Contract.
B. CONTRACTOR AND SUBCONTRACTOR INSURANCE
The Contractor shall not commence work under this Contract until he has
obtained all the insurance required hereunder and such insurance has been
reviewed by the Owner, nor shall the Contractor allow any Subcontractor to
commence work on his subcontract until insurance specified below has been
obtained. Review of the insurance by the Owner shall not relieve or decrease the
liability of the Contractor hereunder.
C. COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE
The Contractor shall maintain during the life of this Contract the statutory amount
of Workmen's Compensation Insurance, in addition, Employer's Liability Insurance
in an amount as specified in the Supplementary Conditions, for each occurrence, for
all of his employees to be engaged in work on the project under this Contract. In
case any such work is subcontracted, the Contractor shall require the Subcontractor
to provide similar Workmen's Compensation and Employer's Liability Insurance for
all of the Subcontractor's employees to be engaged in such work.
D. GENERAL LIABILITY INSURANCE (INCLUDING AUTOMOBILE)
See Supplementary Conditions
E. BUILDERS RISK ALL RISK INSURANCE
Unless otherwise modified in the Supplementary Conditions, the Contractor shall
secure and maintain during the life of this Contact, Builders Risk All Risk
Insurance Coverage in an amount equal to the full value of the facilities under
construction. Deductible shall be no greater then $5,000. Such insurance shall
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include coverage for earthquake, landslide, flood, collapse, loss due to the result
of faulty workmanship or design, and all other normally covered risks, and shall
provide losses to be paid to the Contractor, Owner, and Engineer as their interests
may appear.
The Owner and Engineer, their officers, agents, and employees shall be named as
additional insureds on the Contractor’s and any subcontractors Builders Risk All
Risk insurance policies for any claims arising out of work performed under this
Contract.
This insurance shall include a waiver of subrogation as to the Engineer, the
Owner, the Contractor, and their respective officers, agents, employees, and
subcontractors.
F. NO PERSONAL LIABILITY OF PUBLIC OFFICIALS
In carrying out any of the provisions hereof in exercising any authority granted by
the Contract, there will be no personal liability upon any public official.
G. SURETY AND INSURER QUALIFICATIONS
35. INDEMNITY
All bonds, insurance contracts, and certificates of insurance shall be either
executed by or countersigned by a licensed resident agent of the Surety or
insurance company, having his place of business in the State of Florida, and in all
ways complying with the insurance laws of the State of Florida. Further, the said
Surety or insurance company shall be duly licensed and qualified to do business
in the State of Florida. If requested, Contractor shall provide proof of Florida
Licensure for all insurance companies.
The following shall be made a provision of any resulting agreement:
To the fullest extent permitted by law, the Contractor expressly agrees to indemnify and
hold harmless the City of Key West, their officers, directors, agents, and employees
(herein called the “indemnities”) from liabilities, damages, losses and costs, including,
but not limited to, reasonable attorney’s fees and court costs, such legal expenses to
include costs incurred in establishing the indemnification and other rights agreed to in
this Paragraph, to persons or property, to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of the Contractor its Subcontractors or
persons employed or utilized by them in the performance of the Contract. Claims by
indemnities for indemnification shall be limited to the amount of Contractor’s insurance
or $1 million per occurrence, whichever is greater. The parties acknowledge that the
amount of the indemnity required hereunder bears a reasonable commercial relationship
to the Contract and it is part of the project specifications or the bid documents, if any.
The indemnification obligations under the Contract shall not be restricted in any way by
any limitation on the amount or type of damages, compensation, or benefits payable by or
for the Contractor under workers’ compensation acts, disability benefits acts, or other
employee benefits acts, and shall extend to and include any actions brought by or in the
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name of any employee of the Contractor or of any third party to whom Contractor may
subcontract a part or all of the Work. This indemnification shall continue beyond the date
of completion of the work.
36. EXCLUSION OF CONTRACTOR CLAIMS
In performing its obligations, the Engineer and its Contractors may cause expense for the
Contractor or its subcontractors and equipment or material suppliers. However, those
parties and their sureties shall maintain no direct action against the Engineer, its officers,
employees, agents, and Contractors for any claim arising out of, in connection with, or
resulting from the engineering services performed or required to be performed.
37. TAXES AND CHARGES
The Contractor shall withhold and pay any and all sales and use taxes and all withholding
taxes, whether State or Federal, and pay all Social Security charges and also all State
Unemployment Compensation charges, and pay or cause to be withheld, as the case may
be, any and all taxes, charges, or fees or sums whatsoever, which are now or may hereafter
be required to be paid or withheld under any laws.
38. REQUIREMENTS OF STATE LAW FOR PUBLIC WORKS PROJECTS
When the Contract Documents concern public works of the state or any county,
municipality, or political subdivision created by its laws, the applicable statutes shall apply.
All parties to this Contract shall determine the contents of all applicable statutes and
comply with their provisions throughout the performance of the Contract.
39. CODES, ORDINANCES, PERMITS, AND LICENSES
The Contractor shall keep himself fully informed of all local codes and ordinances, as well
as state and federal laws, which in any manner affect the work herein specified. The
Contractor shall at all times comply with said codes and ordinances, laws, and regulations,
and protect and indemnify the Owner, the Engineer and their respective employees, and its
officers and agents against any claim or liability arising from or based on the violation of
any such laws, ordinances, or regulations. All permits, licenses and inspection fees
necessary for prosecution and completion of the work shall be secured and paid for by the
Contractor, unless otherwise specified.
A. PERMIT FOR WORK WITHIN LOCAL RIGHTS-OF-WAY
The Contractor shall obtain from the City of Key West the necessary permits for
work within the rights-of-way. The Contractor shall abide by all regulations and
conditions, including maintenance of traffic, FDOT Standard.
B. NOISE ORDINANCE
The Contractor shall comply with the City of Key West Noise Ordinance.
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C. LICENSES
BIDDER must represent that he holds all applicable state, county, and City of
Key West licenses and permits required to do business as a contractor with
respect to the work described in the Contract Documents before he may Bid on
the project.
The following licenses and certificates are required as a minimum:
A. All licenses or certificates required by federal, state or local statutes or
regulations.
B. A valid Business Tax Receipt issued by the City of Key West, if required.
C. A valid Certificate of Competency issued by the Building Official of the
City of Key West which shall remain valid throughout the time period of
the Contract, if required.
Further, the successful BIDDER must, within ten (10) calendar days of Notice of
Award, furnish documentation showing that, as a minimum, he has complied with
the provisions of Chapter 91 of the Code of Ordinances of the City of Key West
in order to enter into the Agreement contained in the Contract Documents.
40. SUPERINTENDENCE
The Contractor shall keep at the project site, competent supervisory personnel. The
Contractor shall designate, in writing, before starting work, a project superintendent who
shall be an employee of the Contractor and shall have complete authority to represent and
to act for the Contractor. Engineer shall be notified in writing prior to any change in
superintendent assignment. The Contractor shall give efficient supervision to the work,
using his best skill and attention. The Contractor shall be solely responsible for all
construction means, methods, techniques, and procedures, and for providing adequate
safety precautions and coordinating all portions of the work under the Contract. It is
specifically understood and agreed that the Engineer, its employees and agents, shall not
have control or charge of and shall not be responsible for the construction means, methods,
techniques, procedures, or for providing adequate safety precautions in connection with the
work under Contract.
40(a). CONTRACTOR'S RESPONSIBILITIES:
A. The Contractor shall employ such superintendents, foremen, and workmen as are
careful and competent. Whenever the Engineer shall determine that any person
employed by the Contractor is in his opinion, incompetent, unfaithful, disorderly
or insubordinate, such person shall, upon notice, be discharged from the work and
shall not again be employed on it except with the written consent of the Engineer.
Should the Contractor fail to remove such person or persons, or fail to furnish
suitable or sufficient machinery, equipment or force for the proper prosecution of
the work the Engineer may withhold all estimates which are, or may become due,
or may suspend the work until such orders are complied with.
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B. The Contractor shall provide qualified personnel to assist the Engineer in making
field checks, measurements, asbuilt checks, inspection, test runs, and the
necessary quality check work related to the project work. An english speaking
superintendent or foreman shall be onsight at all times.
C. The Contractor shall provide and maintain at his own expense, in a sanitary
condition, such accommodations for the use of his employees as is necessary to
comply with the requirements and regulations of the State and County Boards of
Health. He shall commit no public nuisance.
D. The Contractor shall conduct the work so as to insure the least obstruction to
traffic practicable, and shall provide for the convenience of the general public and
of the residents along and adjacent to the work in a manner satisfactory to the
Engineer. Materials and equipment stored on the work site shall be placed so as
to cause as little obstruction to the public as possible and shall be lighted and
barricaded as hereinafter provided. Keep driveways and entramces serving the
premises clear and available to the Owner and the Owner’s employees at all
times. Do not use these areas for parking or storage of materials and equipment on
site.
E. Unless otherwise expressly stipulated herein, the use of explosives is not
contemplated in the prosecution of the Contract, and in no case will their use be
permitted within a municipality without the written permission of the City
Engineer and a permit issued by the Chief of the Fire Department. Where such
permission for the use of explosives is obtained, the Contractor shall use the
utmost care so as not to endanger life or property, and whenever directed the size
and number of charges shall be reduced. All explosives shall be stored in a secure
manner, and all such storage places shall be marked clearly, "DANGEROUS
EXPLOSIVES", and shall be in care of competent watchmen
41. RECEPTION OF ENGINEER'S COMMUNICATIONS
The superintendent shall receive for the Contractor all communications from the Engineer.
Communications of major importance will be confirmed in writing upon request from the
Contractor.
The Engineer may schedule project meetings for the purposes of discussing and resolving
matters concerning the various elements of the work. The Engineer shall determine the
time and place for these meetings, and the names of persons required being present. The
Contractor shall comply with these attendance requirements and shall also require his/her
Subcontractors to comply.
42. SAFETY
The Contractor shall be solely and completely responsible for conditions of the jobsite,
including safety of all persons (including employees) and property during performance of
the work. This requirement shall apply continuously and not be limited to normal working
hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), and all other
applicable federal, state, county, and local laws, ordinances, codes, and regulations. Where
any of these are in conflict, the more stringent requirement shall be followed. The
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Contractor's failure to thoroughly familiarize himself/herself with the aforementioned
safety provisions shall not relieve him from compliance with the obligations and penalties
set forth therein.
The Contractor shall develop and maintain for the duration of this Contract, a safety
program that will effectively incorporate and implement all required safety provisions. The
Contractor shall appoint an employee who is qualified and authorized to supervise and
enforce compliance with the safety program.
The duty of the Engineer to conduct construction review of the work does not include
review or approval of the adequacy of the Contractor's safety program, safety supervisor, or
any safety measures taken in, on, or near the construction site.
The Contractor, as a part of his safety program, shall maintain at hi/hers office or other
well-known place at the jobsite, safety equipment applicable to the work as prescribed by
the aforementioned authorities, all articles necessary for giving first-aid to the injured, and
shall establish the procedure for the immediate removal to a hospital or a doctor's care of
persons (including employees) who may be injured on the jobsite.
If death or serious injuries or serious damages are caused, the accident shall be reported
immediately by telephone or messenger to both the Engineer and the Owner. In addition,
the Contractor must promptly report in writing to the Engineer all accidents whatsoever
arising out of, or in connection with, the performance of the work whether on, or adjacent
to, the site, giving full details and statements of witnesses.
If a claim is made by anyone against the Contractor or any Subcontractor on account of any
accident, the Contractor shall promptly report the facts in writing to the Engineer, giving
full details of the claim.
A. OWNER’S RIGHT TO STOP WORK
If the Contractor or Subcontractor fails to provide adequate safety provisions as
required by the Contract Documents the Owner has the right to stop all
construction work at the location with inadequate safety provisions until adequate
provisions are in place. The Owner shall not be liable for any delays caused by the
Contractor's failure to provide and maintain required safety provisions.
B. CLEANUP PROCEDURES FOR HURRICANE WARNINGS AND
HURRICANE WATCH
In the event the National Oceanographic and Atmospheric Administration
(NOAA) issues a Tropical Storm Watch or a Hurricane Watch for the Keys the
Engineer will Contact the Contractor informing him that the Watch has been
established. Within four (4) hours of the notice the Contractor shall provide the
Engineer with a written plan and schedule describing how and when the
Contractor will remove all unnecessary items from the work area and tie down all
necessary supplies and barricades in the event a Tropical Storm Warning or a
Hurricane Warning is issued. The Contractor shall remove all unnecessary items
from work areas and shall tie down all movable objects (under 200 lbs.) The
Engineer will determine "necessary" items. The Owner shall not be liable for any
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financial hardship or delays caused as a result of demobilization or remobilization
of work due to the above.
C. OCCUPATIONAL SAFETY AND HEALTH
The Contractor shall observe and comply with all applicable local, state, and
federal occupational safety and health regulations during the prosecution of work
under this Contract. In addition, full compliance by the Contractor with the U.S.
Department of Labor's Occupational Safety and Health Standards, as established
in Public Law 91-596, will be required under the terms of this Contract.
43. PROTECTION OF WORK AND PROPERTY
The Contractor shall at all times safely guard and protect from damage the Owner's
property, adjacent property, and his/her own work from injury or loss in connection with
this Contract. All facilities required for protection by federal, state, or municipal laws and
regulations and local conditions must be provided and maintained.
The Contractor shall protect his/her work and materials from damage due to the nature of
the work, the elements, carelessness of other contractors, or from any cause whatever until
the completion and acceptance of the work. All loss or damages arising out of the nature of
the work to be done under these Contract Documents, or from any unforeseen obstruction
or defects which may be encountered in the prosecution of the work, or from the action of
the elements, shall be sustained by the Contractor.
43(a). HISTORIC PRESERVATION
The Contractor shall comply with Florida Historical Resources Act (Florida Statutes,
Chapter 267) and the regulations of the local historic preservation board as applicable and
protect against the potential loss or destruction of significant historical or archaeological
data, sites, and properties in connection with the project.
44. RESPONSIBILITY OF CONTRACTOR TO ACT IN AN EMERGENCY
In case of an emergency that threatens loss or injury of property, and/or safety of life, the
Contractor shall act, without previous instructions from the Owner or Engineer, as the
situation may warrant. The Contractor shall notify the Engineer thereof immediately
thereafter. Any claim for compensation by the Contractor, together with substantiating
documents in regard to expense, shall be submitted to the Owner through the Engineer and
the amount of compensation shall be determined by agreement.
45. MATERIALS AND APPLIANCES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor,
water, tools, equipment, heat, light, fuel, power, transportation, construction equipment and
machinery, appliances, telephone, sanitary facilities, temporary facilities and other facilities
and incidentals necessary for the execution and completion of the work.
Unless otherwise specified, all materials shall be new, and both workmanship and materials
shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as
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to the kind and quality of materials.
In selecting and/or approving equipment for installation in the project, the Owner and
Engineer assume no responsibility for injury or claims resulting from failure of the
equipment to comply with applicable federal, state, and local safety codes or requirements,
or the safety requirements of a recognized agency, or failure due to faulty design concepts,
or defective workmanship and materials.
46. CONTRACTORS' AND MANUFACTURERS' COMPLIANCE WITH STATE
SAFETY, OSHA, AND OTHER CODE REQUIREMENTS
The completed work shall include all necessary permanent safety devices, such as
machinery guards and similar ordinary safety items required by the state and federal
(OSHA) industrial authorities and applicable local and national codes. Further, any
features of the work subject to such safety regulations shall be fabricated, furnished, and
installed (including Owner-furnished equipment) in compliance with these requirements.
Contractors and manufacturers of equipment shall be held responsible for compliance with
the requirements included herein. Contractors shall notify all equipment suppliers and
Subcontractors of the provisions of this Article.
47. SUBSTITUTION OF MATERIALS
Except for Owner-selected equipment items, and items where no substitution is clearly
specified, whenever any material, article, device, product, fixture, form, type of
construction, or process is indicated or specified by patent or proprietary name, by name of
manufacturer, or by catalog number, such specifications shall be deemed to be used for the
purpose of establishing a standard of quality and facilitating the description of the material
or process desired. This procedure is not to be construed as eliminating from competition
other products of equal or better quality by other manufacturers where fully suitable in
design, and shall be deemed to be followed by the words "or equal". The Contractor may,
in such cases, submit complete data to the Engineer for consideration of another material,
type, or process, which shall be substantially equal in every respect to that so indicated or
specified. Substitute materials shall not be used unless approved in writing. The Engineer
will be the sole judge of the substituted article or material.
48. TESTS, SAMPLES, AND OBSERVATIONS
The Contractor shall furnish, without extra charge, the necessary test pieces and samples,
including facilities and labor for obtaining the same, as requested by the Engineer. When
required, the Contractor shall furnish certificates of tests of materials and equipment made
at the point of manufacture by a recognized testing laboratory.
The Owner, Engineer, and authorized government agents, and their representatives shall at
all times be provided safe access to the work wherever it is in preparation or progress, and
the Contractor shall provide facilities for such access and for observations, including
maintenance of temporary and permanent access.
If the Specifications, laws, ordinances, or any public authority require any work, to be
specially tested or approved, the Contractor shall give timely notice of its readiness for
observations. If any work should be covered up without approval or consent of the
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Engineer, it shall, if required by the Engineer, be uncovered for examination at the
Contractor's expense.
The Engineer may order re-examination of questioned work, and, if so ordered, the
Contractor shall uncover the work. If such work is found to be in accordance with the
Contract Documents, the Owner will pay the cost of uncovering, exposure, observation,
inspection, testing and reconstruction. If such work is found to be not in accordance with
the Contract Documents, the Contractor shall correct the defective work, and the cost of
reexamination and correction of the defective work shall be paid by the Contractor.
49. ROYALTIES AND PATENTS
The Contractor shall pay all royalty and licenses fees, unless otherwise specified. The
Contractor shall defend all suits or claims for infringement of any patent rights and shall
save the Owner and the Engineer harmless from any and all loss, including reasonable
attorneys' fees, on account thereof.
50. CONTRACTOR'S RIGHT TO TERMINATE CONTRACT
If the work should be stopped under an order of any court or other public authority for a
period of more than three (3) months, through no act or fault of the Contractor, its
Subcontractors, or respective employees or if the Engineer should fail to make
recommendation for payment to the Owner or return payment request to Contractor for
revision within thirty (30) calendar days after it is due, or if the Owner should fail to pay
the Contractor within thirty (30) calendar days after time specified in Article PARTIAL
PAYMENTS, any sum recommended by the Engineer, then the Contractor may, upon 15
days' written notice to the Owner and the Engineer, stop work or terminate this Contract
and recover from the Owner payment for all acceptable work performed and reasonable
termination expenses, unless said default has been remedied.
51. CORRECTION OF DEFECTIVE WORK DURING WARRANTY PERIOD
The Contractor hereby agrees to make, at his own expense, all repairs or replacements
necessitated by defects in materials or workmanship, provided under terms of this Contract,
and pay for any damage to other works resulting from such defects, which become evident
within two (2) year after the date of final acceptance of the work or within two (2) year
after the date of substantial completion established by the Engineer for specified items of
equipment, or within such longer period as may be prescribed by law or by the terms of any
applicable special guarantee required by the Contract Documents. Un-remedied defects
identified for correction during the warranty period but remaining after its expiration shall
be considered as part of the obligations of the warranty. Defects in material, workmanship,
or equipment, which are remedied as a result of obligations of the warranty, shall subject
the remedied portion of the work to an extended warranty period of two (2) year after the
defect has been remedied.
The Contractor further assumes responsibility for a similar guarantee for all work and
materials provided by Subcontractors or manufacturers of packaged equipment
components. The effective date for the start of the guarantee or warranty period for
equipment qualifying as substantially complete is defined in Article SUBSTANTIAL
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COMPLETION, AND Article SUBSTANTIAL COMPLETION DATE, in these General
Conditions.
The Contractor also agrees to hold the Owner and the Engineer harmless from liability of
any kind arising from damage due to said defects. The Contractor shall make all repairs
and replacements promptly upon receipt of written order for same from the Owner. If the
Contractor fails to make the repairs and replacements promptly, or in an emergency where
delay would cause serious risk, or loss, or damage, the Owner may have the defective work
corrected or the rejected work removed and replaced, and the Contractor and his Surety
shall be liable for the cost thereof.
PROGRESS OF THE WORK
52. BEGINNING OF THE WORK
Following execution of the Contract, the Contractor shall meet with the Owner and
Engineer relative to his arrangements for prosecuting the work.
53. SCHEDULES AND PROGRESS REPORTS
Prior to starting the construction, the Contractor shall prepare and submit to the Engineer, a
progress schedule showing the dates on which each part or division of the work is expected
to be started and finished, and a preliminary schedule for submittals. The progress schedule
for submittals shall be brought up to date and submitted to the Engineer at the end of each
month or at such other times the Engineer may request.
The Contractor shall forward to the Engineer, at the end of each month, an itemized report
of the delivery status of major and critical items of purchased equipment and material,
including shop drawings and the status of shop and field fabricated work. These progress
reports shall indicate the date of the purchase order, the current percentage of completion,
estimated delivery, and cause of delay, if any.
If the completion of any part of the work or the delivery of materials is behind the
submitted progress schedule, the Contractor shall submit in writing a plan acceptable to the
Owner and Engineer for bringing the work up to schedule.
The Owner shall have the right to withhold progress payments for the work if the
Contractor fails to update and submit the progress schedule and reports as specified.
Unless specifically authorized by the Engineer, work shall not be performed during the
Goombay Festival, Fantasy Fest, Thanksgiving, or Christmas.
54. PROSECUTION OF THE WORK
It is expressly understood and agreed that the time of beginning, rate of progress, and time
of completion of the work are the essence of this Contract. The work shall be prosecuted at
such time, and in or on such part or parts of the project as may be required, to complete the
project as contemplated in the Contract Documents and the progress schedule.
If the Contractor desires to carry on work at night or outside the regular hours, he shall give
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timely notice to the Engineer to allow satisfactory arrangements to be made for observing
the work in progress.
55. OWNER'S RIGHT TO RETAIN IMPERFECT WORK
If any part or portion of the work completed under this Contract shall prove defective and
not in accordance with the Drawings and Specifications, and if the imperfection in the same
shall not be of sufficient magnitude or importance as to make the work dangerous or
unsuitable, or if the removal of such work will create conditions which are dangerous or
undesirable, the Owner shall have the right and authority to retain such work but will make
such deductions in the final payment therefore as may be just and reasonable.
55(a). OWNER’S RIGHT TO STOP WORK
If the Contractor or any subcontractor should fail to provide adequate safety provisions
required by the Contract Documents, including but not limited to maintenance of traffic,
trench safety devices and procedures, safety fencing, barricading, signage or unsafe work
practices, the Owner has the right to issue a Stop Work Notice and stop all construction
work at the location with the inadequate safety provisions until such time that adequate
safety provisions are in place. The Owner shall not be liable for delays caused by the
Contractor's failure to provide and maintain required safety provisions. No extension of
time will be granted to the Contractor for delays occurring due to a Stop Work Notice.
56. OWNER'S RIGHT TO DO WORK
Should the Contractor neglect to prosecute the work in conformance with the Contract
Documents or neglect or refuse at his own cost to remove and replace work rejected by the
Engineer, then the Owner may notify the Surety of the condition, and after ten (10)
calendar days' written notice to the Contractor and the Surety, or without notice if an
emergency or danger to the work or public exists, and without prejudice to any other right
which the Owner may have under Contract, or otherwise, take over that portion of the work
which has been improperly or non-timely executed, and make good the deficiencies and
deduct the cost thereof from the payments then or thereafter due the Contractor.
57. OWNER'S RIGHT TO TRANSFER EMPLOYMENT
If the Contractor should abandon the work or if he should persistently or repeatedly refuse
or should fail to make prompt payment to Subcontractors for material or labor, or to
persistently disregard laws, ordinances, or to prosecute the work in conformance with the
Contract Documents, or otherwise be guilty of a substantial violation of any provision of
the Contract or any laws or ordinance, then the Owner may, without prejudice to any other
right or remedy, and after giving the Contractor and Surety 10 days' written notice, transfer
the employment for said work from the Contractor to the Surety. Upon receipt of such
notice, such Surety shall enter upon the premises and take possession of all materials, tools,
and appliances thereon for the purpose of completing the work included under this Contract
and employ by Contract or otherwise, any qualified person or persons to finish the work
and provide the materials therefore, in accordance with the Contract Documents, without
termination of the continuing full force and effect of this Contract. In case of such transfer
of employment to such Surety, the Surety shall be paid in its own name on estimates
according to the terms hereof without any right of the Contractor to make any claim for the
same or any part thereof.
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If, after the furnishing of said written notice to the Surety, the Contractor and the Surety
still fail to make reasonable progress on the performance of the work, the Owner may
terminate the employment of the Contractor and take possession of the premises and of all
materials, tools, and appliances thereon and finish the work by whatever method he may
deem expedient and charge the cost thereof to the Contractor and the Surety. In such case,
the Contractor shall not be entitled to receive any further payment until the work is
finished. If the expense of completing the Contract, including compensation for additional
managerial and administrative services, shall exceed such unpaid balance, the Contractor
and the Surety shall pay the difference to the Owner.
58. DELAYS AND EXTENSION OF TIME
If the Contractor is delayed in the progress of the work by any act or neglect of the Owner
or the Engineer, or by any separate Contractor employed by the Owner, or by strikes,
lockouts, fire, adverse weather conditions not reasonably anticipated, or acts of Nature, and
if the Contractor, within forty-eight (48) hours of the start of the occurrence, gives written
notice to the Owner of the cause of the potential delay and estimate of the possible time
extension involved, and within ten (10) calendar days after the cause of the delay has been
remedied, the Contractor gives written notice to the Owner of any actual time extension
requested as a result of the aforementioned occurrence, then the Contract time may be
extended by change order for such reasonable time as the Engineer determines. It is agreed
that no claim shall be made or allowed for any damages, loss, or expense which may arise
out of any delay caused by the above referenced acts or occurrences other than claims for
the appropriate extension of time.
No extension of time will be granted to the Contractor for delays occurring to parts of the
work that have no measurable impact on the completion of the total work under this
Contract. No extension of time will be considered for weather conditions reasonably
anticipated for the area in which the work is being performed. Reasonably anticipated
weather conditions will be based on official records of monthly precipitation and other
historical data. Adverse weather conditions, if determined to be of a severity that would
impact progress of the work, may be considered as cause for an extension of Contract
completion time.
Delays in delivery of equipment or material purchased by the Contractor or his
Subcontractors, including Owner-selected equipment shall not be considered as a just cause
for delay, unless the Owner determines that for good cause the delay is beyond the control
of the Contractor. The Contractor shall be fully responsible for the timely ordering,
scheduling, expediting, delivery, and installation of all equipment and materials.
Within a reasonable period after the Contractor submits to the Owner a written request for
an extension of time, the Engineer will present his written opinion to the Owner as to
whether an extension of time is justified, and, if so, his recommendation as to the number
of days for time extension. The Owner will make the final decision on all requests for
extension of time.
59. DIFFERING SITE CONDITIONS
The Contractor shall promptly, and before the conditions are disturbed, give a written
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notice to the Owner and Engineer of:
A. Subsurface or latent physical conditions at the site which differ materially from
those indicated in this contract,
B. Unknown physical conditions at the site, of an unusual nature, which differ
materially from those ordinarily encountered and generally recognized as inherent
in work of the character provided for in the Contract.
The Engineer will investigate the site conditions promptly after receiving the notice. If the
conditions do materially so differ and cause an increase or decrease in the Contractor's cost
of, or the time required for, performing any part of the work under this Contract, whether or
not changed as a result of the conditions, and equitable adjustment shall be made under this
Article and the Contract modified in writing accordingly.
No request by the Contractor for an equitable adjustment to the Contract under this Article
will be allowed, unless the Contractor has given the written notice required; provided that
the time prescribed above for giving written notice may be extended by the Owner.
No request by the Contractor for an equitable adjustment to the Contract for differing site
conditions will be allowed if made after final payment under this Contract.
60. LIQUIDATED DAMAGES
Should the Contractor fail to complete the work, or any part thereof in the time agreed
upon in each Work Order or within such extra time as may have been allowed for delays
by extensions granted as provided in the Contract, the Contractor shall reimburse the
Owner for the additional expense and damage for each calendar day, Sundays, and legal
holidays included, that project outlined in each Work Order remains uncompleted after
the Work Order completion date. Liquidated damages shall be assessed individually
against each Work Order. It is agreed that the amount of such additional expense and
damage incurred by reason of failure to complete the work is the per diem rate, as
stipulated in the Bid. The said amount is hereby agreed upon as a reasonable estimate of
the costs that may be accrued by the Owner after the expiration of the time of completion.
It is expressly understood and agreed that this amount is not to be considered in the
nature of a penalty, but as liquidated damages that have accrued against the Contractor.
The Owner shall have the right to deduct such damages from any amount due, or that
may become due the Contractor, or the amount of such damages shall be due and
collectible from the Contractor or Surety.
61. OTHER CONTRACTS
The Owner reserves the right to let other Contracts in connection with the work. The
Contractor shall afford other Contractors reasonable opportunity for the introduction and
storage of their materials and the execution of their work and shall properly connect and
coordinate his work with theirs.
If any part of the work under this Contract depends for proper execution or results upon the
work of any other Contractor, utility service company or Owner, the Contractor shall
inspect and promptly report to the Engineer in writing any patent or apparent defects to
deficiencies in such work that render it unsuitable for such proper execution and results.
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The Contractor's failure to so report shall constitute and acceptance of the work by others
as being fit and proper for integration with work under this Contract, except for latent or
non-apparent defects and deficiencies in the work.
62. USE OF PREMISES
The Contractor shall confine his equipment, the storage of materials and the operation of
his workers to limits shown on the Drawings or indicated by law, ordinances, permits, or
directions of the Engineer, and shall not unreasonably encumber the premises with his
materials. The Contractor shall provide, at his own expense, the necessary rights-of-way,
and access to the work, which may be required outside the limits of the Owner's property
and shall furnish the Engineer copies of permits and agreements for use of the property
outside that provided by the Owner.
The Contractor shall not load nor permit any part of the structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the work or
adjacent property to stresses or pressures that will endanger it.
63. SUBSTANTIAL COMPLETION DATE
The Engineer may issue a written notice of substantial completion for the purpose of
establishing the starting date for specific equipment guarantees, and to establish the date
that the Owner will assume the responsibility for the cost of operating such equipment.
Said notice shall not be considered as final acceptance of any portion of the work or relieve
the Contractor from completing the remaining work within the specified time and in full
compliance with the Contract Documents. See SUBSTANTIAL COMPLETION under
DEFINITIONS of these General Conditions.
64. PERFORMANCE TESTING
Operating equipment and systems shall be performance tested in the presence of the
Engineer to demonstrate compliance with the specified requirements. Performance testing
shall be conducted under the specified design operating conditions or under such simulated
operating conditions as recommended or approved by the Engineer. Such testing will be
scheduled with the Engineer at least one week in advance of the planned date for testing.
65. OWNER'S USE OF PORTIONS OF THE WORK
Following issuance of the written notice of Substantial Completion, the Owner may initiate
operation of the facility. Such use shall not be considered as final acceptance of any
portion of the work, nor shall such use be considered as cause for an extension of the
Contract completion time, unless authorized by a Change Order issued by the Owner.
66. CUTTING AND PATCHING
The Contractor shall do all cutting, fitting, or patching of his work that may be required to
make its several parts come together properly and fit it to receive or be received by work of
other Contractors shown upon or reasonably implied by the Drawings.
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67. CLEANING UP
PAYMENT
The Contractor shall, at all times, keep property on which work is in progress and the
adjacent property free from accumulations of waste material or rubbish caused by
employees or by the work. Upon completion of the construction, the Contractor shall
remove all temporary structures, rubbish, and waste materials resulting from his operations.
68. PAYMENT FOR CHANGE ORDERS
The Owner's request for quotations on alterations to the work shall not be considered
authorization to proceed with the work prior to the issuance of a formal Change Order, nor
shall such request justify any delay in existing work. Quotations for alterations to the work
shall include substantiating documentation with an itemized breakdown of Contractor and
Subcontractor costs, including labor, material, rentals, approved services, overhead, and
profit. Owner may require detailed cost data in order to substantiate the reasonableness of
the proposed costs.
Any compensation paid in conjunction with the terms of a Change Order shall comprise
total compensation due the Contractor for the work or alteration defined in the Change
Order. By signing the Change Order, the Contractor acknowledges that the stipulated
compensation includes payment for the work or alteration plus all payment for the
interruption of schedules, extended overhead, delay, or any other impact claim or ripple
effect, and by such signing specifically waives any reservation or claim for additional
compensation in respect to the subject Change Order.
At the Owner's option, payment or credit for any alterations covered by a Change Order
shall be determined by one or a combination of the methods set forth in A, B, or C below,
as applicable:
A. UNIT PRICES
Those unit prices stipulated in the Bid shall be utilized where they are applicable.
In the event the Change Order results in a change in the original quantity that is
materially and significantly different from the original Bid quantity, a new unit
price shall be negotiated upon demand of either party. Unit prices for new items
included in the Change Order shall be negotiated and mutually agreed upon.
B. LUMP SUM
A total lump sum for the work negotiated and mutually acceptable to the Contractor
and the Owner.
Lump sum quotations for modifications to the work shall include substantiating
documentation with an itemized breakdown of Contractor and Subcontractor costs,
including labor, material, rentals, approved services, overhead, and profit, all
calculated as specified under "C" below.
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C. COST REIMBURSEMENT WORK
The term “cost reimbursement" shall be understood to mean that payment for the
work will be made on a time and expense basis, that is, on an accounting of the
Contractor's forces, materials, equipment, and other items of cost as required and
used to do the work.
If the method of payment cannot be agreed upon prior to the beginning of the work,
and the Owner directs by written Change Order that the work be done on a cost
reimbursement basis, then the Contractor shall furnish labor, and furnish and install
equipment and materials necessary to complete the work in a satisfactory manner
and within a reasonable period of time. For the work performed, payment will be
made for the documented actual cost of the following:
1. Labor including foremen for those hours they are assigned and participating
in the cost reimbursement work (actual payroll cost, including wages, fringe
benefits as established by negotiated labor agreements, labor insurance, and
labor taxes as established by law). No other fixed labor burdens will be
considered, unless approved in writing by the Owner.
2. Material delivered and used on the designated work, including sales tax, if
paid by the Contractor or his Subcontractor.
3. Rental, or equivalent rental cost of equipment, including necessary
transportation for items having a value in excess of one hundred (100)
dollars.
Rental or equivalent rental cost will be allowed for only those days or hours
during which the equipment is in actual use. Rental and transportation
allowances shall not exceed the current rental rates prevailing in the locality.
The rentals allowed for equipment will, in all cases, be understood to cover
all fuel, supplies, repairs, and renewals, and no further allowances will be
made for those items, unless specific agreement to that effect is made.
4. Additional bond, as required and approved by the owner.
5. Additional insurance (other than labor insurance) as required and approved
by the Owner.
In addition to items 1 through 5 above, an added fixed fee for general overhead and profit
shall be negotiated and allowed for the Contractor (or approved Subcontractor) actually
executing the Cost Reimbursement work.
An additional fixed fee shall be negotiated and allowed the Contractor for the
administrative handling of portions of the work that are executed by an approved
Subcontractor. No additional fixed fee will be allowed for the administrative handling of
work executed by a Subcontractor of a Subcontractor, unless by written permission from
the Owner.
The added fixed fees shall be considered to be full compensation, covering the cost of
general supervision, overhead, profit, and any other general expense. The Contractor's
records shall make clear distinction between the direct costs of work paid for on a cost
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eimbursement basis and the costs of other work. The Contractor shall furnish the Engineer
report sheets in duplicate of each day's cost reimbursement work no later than the working
day following the performance of said work. The daily report sheets shall itemize the
materials used, and shall cover the direct cost of labor and the charges for equipment rental,
whether furnished by the Contractor, Subcontractor or other forces. The daily report sheets
shall provide names or identifications and classifications of workers, the hourly rate of pay
and hours worked, and also the size, type, and identification number of equipment and
hours operated.
Valid copies of vendors’ invoices shall substantiate material charges. Such invoices shall
be submitted with the daily report sheets, or, if not available, they shall be submitted with
subsequent daily report sheets. Said daily report sheets shall be signed by the Contractor or
his authorized agent.
The Owner reserves the right to furnish such materials and equipment as he deems
expedient and the Contractor shall have no claim for profit or added fees on the cost of
such materials and equipment. To receive partial payments and final payment for cost
reimbursement work, the Contractor shall submit to the Engineer, detailed and complete
documented verification of the Contractor's and any of his Subcontractors' actual costs
involved in the cost reimbursement work. Such costs shall be submitted within 30 days
after said work has been performed.
69. PARTIAL PAYMENTS
A. GENERAL
Nothing in this Article shall be construed to affect the right, hereby reserved, to
reject the whole or any part of the aforesaid work, should such work be later found
not to comply with the provisions of the Contract Documents. All estimated
quantities of work for which partial payments have been made are subject to review
and correction on the final estimate. Payment by the Owner and acceptance by the
Contractor of partial payments based on periodic estimates of quantities of work
performed shall not, in any way, constitute acceptance of the estimated quantities
used as a basis for computing the amounts of the partial payments.
B. ESTIMATE
No more than once each month, the Contractor shall submit to the Engineer a
detailed estimate of the amount earned during the preceding month for the
separate portions of the work, and request payment. As used in this Article, the
words "amount earned" means the value, on the date of the estimate for partial
payment, of the work completed in accordance with the Contract Documents, and
the value of approved materials delivered to the project site suitably stored and
protected prior to incorporation into the work.
The Owner will make payment to the Contractor within forty five (45) calendar
days upon receipt of the written recommendation of payment from the Engineer.
The Engineer will, within seven (7) calendar days after receipt of each request for
payment, both indicate in writing a recommendation of payment and present the
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equest to Owner, or return the request to Contractor indicating in writing
Engineer's reasons for refusing to recommend payment. In the latter case,
Contractor may, within seven (7) calendar days, make the necessary corrections and
resubmit the request.
Engineer may refuse to recommend the whole or any part of any payment if, in his
opinion, it would be incorrect to make such representations to Owner. Engineer
may also refuse to recommend any such payment, or, because of subsequently
discovered evidence or the results of subsequent inspections or tests, nullify any
such payment previously recommended to such an extent as may be necessary in
Engineer's opinion to protect the Owner from loss because:
1. The work is defective, or completed work has been damaged requiring
correction or replacement.
2. Written claims have been made against Owner or Liens have been filed in
connection with the work.
3. The Contract Price has been reduced because of Change Orders.
4. Owner has been required to correct defective work or complete the work in
accordance with Article OWNER'S RIGHT TO DO WORK;
5. Of Contractor's unsatisfactory prosecution of the work in accordance with
the Contract Documents; or
6. Contractor's failure to make payment to Subcontractors or for labor,
materials, or equipment.
C. DEDUCTION FROM ESTIMATE
Unless modified in the Supplementary Conditions, deductions from the estimate
will be as described below:
1. The Owner will deduct from the estimate, and retain as part security, ten
(10) percent of the amount earned for work satisfactorily completed. A
deduction and retainage of ten (10) percent will be made on the estimated
amount earned for approved items of material delivered to and properly
stored at the jobsite but not incorporated into the work. When the work is
fifty (50) percent complete, the Owner may reduce the retainage to five (5)
percent of the dollar value of all work satisfactorily completed to date
provided the Contractor is making satisfactory progress and there is no
specific cause for a greater retainage. The Owner may reinstate the
retainage up to ten (10) percent if the Owner determines, at his discretion,
that the Contractor is not making satisfactory progress or where there is
other specific cause for such withholding.
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D. QUALIFICATION FOR PARTIAL PAYMENT FOR MATERIALS
DELIVERED
Unless modified in the Supplementary Conditions, qualification for partial payment
for materials delivered but not yet incorporated into the work shall be as described
below:
1. Materials, as used herein, shall be considered to be those items that are
fabricated and manufactured material and equipment. No consideration
shall be given to individual purchases of less than two hundred (200) dollars
for any one item.
2. To receive partial payment for materials delivered to the site, but not
incorporated in the work, it shall be necessary for the Contractor to include
a list of such materials on the Partial Payment Request. At his sole
discretion, the Engineer may approve items for which partial payment is to
be made. Partial payment shall be based on the Contractor's actual cost for
the materials as evidenced by invoices from the supplier. Proper storage
and protection shall be provided by the Contractor, and as approved by the
Engineer. Final payment shall be made only for materials actually
incorporated in the work and, upon acceptance of the work, all materials
remaining for which advance payments had been made shall revert to the
Contractor, unless otherwise agreed, and partial payments made for these
items shall be deducted from the final payment for the work.
3. Contractor warrants and guarantees that title to all work, materials, and
equipment covered by any Application for Payment, whether incorporated
in the project or not, will pass to Owner at the time of payment free and
clear of all liens, claims, security interests, and encumbrances.
4. If requested by the Engineer, the Contractor shall provide, with subsequent
pay requests, invoices receipted by the supplier showing payment in full has
been made.
E. PAYMENT
After deducting the retainage and the amount of all previous partial payments
made to the Contractor from the amount earned, the amount due will be made
payable to the Contractor. Recommendations for payment received by the Owner
less than forty five (45) calendar days prior to the scheduled day for payment will
not be processed or paid until the following month.
70. CLAIMS FOR EXTRA WORK
In any case where the Contractor deems additional time or compensation will become due
him under this Contract for circumstances other than those defined in Article DELAYS
AND EXTENSION OF TIME, the Contractor shall notify the Engineer, in writing, of his
intention to make claim for such time or compensation before he begins the work on which
72

he bases the claim, in order that such matters may be settled, if possible, or other
appropriate action taken. The notice of claim shall be in duplicate, in writing, and shall
state the circumstances and the reasons for the claim, but need not state the amount. If such
notification is not given, or if the Engineer is not afforded proper facilities by the
Contractor for keeping strict account of actual costs, then the Contractor hereby agrees to
waive the claim for such additional time or compensation. Such notice by the Contractor,
and fact that the Engineer has kept account of the cost as aforesaid, shall not in any way be
construed as proving the validity of the claim.
No extension of time will be granted to the Contractor for delays resulting from extra work
that have no measurable impact on the completion of the total Work under this Contract.
Claims for additional time or compensation shall be made in itemized detail and submitted,
in writing, to the Owner and Engineer within ten (10) calendar days following completion
of that portion of the work for which the Contractor bases his claim. Failure to make the
claim for additional compensation in the manner and within the time specified above shall
constitute waiver of that claim. In case the claim is found to be just, it shall be allowed and
paid for as provided in Article PAYMENT FOR CHANGE ORDERS.
71. RELEASE OF LIENS OR CLAIMS
The Contractor shall indemnify and hold harmless the Owner from all claims for labor and
materials furnished under this Contract. Prior to the final payment, the Contractor shall
furnish to the Owner, as part of his final payment request, a certification that all of the
Contractor's obligations on the project have been satisfied and that all monetary claims and
indebtedness have been paid. The Contractor shall furnish complete and legal effective
releases or waivers, satisfactory to the Owner, of all liens arising out of or filed in
connection with the work.
72. FINAL PAYMENT
Upon completion of the work, the Contractor shall notify the Engineer, in writing, that he
has completed it and shall request final payment for that Work Performed. The
Contractor shall be responsible for keeping an accurate and detailed record of his actual
construction. Upon completion of construction and before final acceptance and payment,
the Contractor shall furnish the Engineer record drawings (if applicable) of his
construction. Upon receipt of a request for final payment and the record drawings, the
Engineer will inspect and, if acceptable, submit to the Owner his recommendation as to
acceptance of the completed work and as to the final estimate of the amount due the
Contractor. Upon approval of this final estimate by the Owner and compliance by the
Contractor with provisions in Article 71. RELEASE OF LIENS OR CLAIMS, and other
provisions as may be applicable, the Owner shall pay to the Contractor all monies due
him under the provisions of these Contract Documents.
73. NO WAIVER OF RIGHTS
Neither the inspection by the Owner, through the Engineer or any of his employees, nor
any order by the Owner for payment of money, nor any payment for, or acceptance of, the
whole or any part of the work by the Owner or Engineer, nor any extension of time, nor
any possession taken by the owner or its employees, shall operate as a waiver of any
provision of this Contract, or any power herein reserved to the Owner, or any right to
73

damages herein provided, nor shall any waiver of any breach in this Contract be held to be
a waiver of any other or subsequent breach. Acceptance or final payment shall not be final
and conclusive with regards to latent defects, fraud, or such gross mistakes as may amount
to fraud, or as regards the Owner's rights under the warranty.
74. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by the Contractor of the final payment shall release the Owner and the
Engineer, as representatives of the Owner, from all claims and all liability to the Contractor
for all things done or furnished in connection with the work, and every act of the Owner
and others relating to or arising out of the work except claims previously made in writing
and still unsettled. No payment, however, final or otherwise, shall operate to release the
Contractor or his Sureties from obligations under this Contract and the Performance Bond,
Payment Bond, and other bonds and warranties, as herein provided.
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SUPPLEMENTARY CONDITIONS
REVISIONS AND ADDITIONS TO THE GENERAL CONDITIONS
The General Conditions are hereby revised as follows:
ARTICLE 9 "ENGINEER"
Add the following:
Wherever in these Documents the word "Engineer" appears, it shall be understood
to mean the Owner’s representative overseeing the project for the City.
ARTICLE 34 INSURANCE AND LIABILITY
CONTRACTOR is to secure, pay for, and file with the City of Key West, prior to commencing
any work under the Contract, all certificates for Workers’ Compensation, Public Liability, and
Property Damage Liability Insurance and such other insurance coverages as may be required by
specifications and addenda thereto, in at least the following minimum amounts with specification
amounts to prevail if greater than minimum amounts indicated. Notwithstanding any other
provision of the Contract, the CONTRACTOR shall provide the minimum limits of liability
insurance coverages as follows:
Auto Liability $1,000,000 Combined Single Limit
General Liability $2,000,000 Aggregate (Per Project)
$2,000,000 Products Aggregate
$1,000,000 Any One Occurrence
$1,000,000 Personal Injury
$ 300,000 Fire Damage/Legal
Additional Umbrella Liability $_,000,000 Occurrence/Aggregate
CONTRACTOR shall furnish an original Certificate of Insurance indicating, and such policy
providing coverage to, City of Key West named as “Additional Insured” on PRIMARY and
NON CONTRIBUTORY basis utilizing an ISO standard endorsement at least as broad as CG
2010 (11/85) or its Equivalent, (COMBINATION OF CG 20 10 07 04 and CG 20 37 07 04,
providing coverage for completed operations is acceptable) INCLUDING A “Waiver of
Subrogation” clause in favor of City of Key West on all policies. CONTRACTOR will maintain
the General Liability and Umbrella Liability insurance coverages summarized above with
coverage continuing in full force including the “additional insured” endorsement until at least 3
years beyond completion and delivery of the work contracted herein.
Notwithstanding any other provision of the Contract, the CONTRACTOR shall maintain
complete Workers’ Compensation coverage for each and every employee, principal, officer,
representative, or agent of the CONTRACTOR who is performing any labor, services, or
material under the Contract. Further, CONTRACTOR shall additionally maintain the following
minimum limits of coverage:
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Bodily Injury Each Accident $1,000,000
Bodily Injury by Disease Each Employee $1,000,000
Bodily Injury by Disease Policy Limit $1,000,000
The work being done is on or near a navigable waterway, CONTRACTOR’s Workers’
Compensation policy shall be endorsed to provide USL&H Act (WC 00 01 06 A) and Jones Act
(WC 00 02 01 A) coverage as specified by the City of Key West. CONTRACTOR shall provide
the City of Key West with a Certificate of Insurance verifying compliance with the workman’s
compensation coverage as set forth herein and shall provide as often as required by the City of
Key West such certification which shall also show the insurance company, policy number,
effective and expiration date, and the limits of workman’s compensation coverage under each
policy.
CONTRACTOR’s insurance policies shall be endorsed to give 30 days’ written notice to the
City of Key West in the event of cancellation or material change, using form CG 02 24, or its
equivalent.
Certificates of Insurance submitted to the City of Key West will not be accepted without copies
of the endorsements being requested. This includes additional insured endorsements,
cancellation/material change notice endorsements, and waivers of subrogation. Copies of
USL&H Act and Jones Act endorsements will also be required if necessary. PLEASE ADVISE
YOUR INSURANCE AGENT ACCORDINGLY.
CONTRACTOR will comply with any and all safety regulations required by any agency or
regulatory body including but not limited to OSHA. CONTRACTOR will notify City of Key
West immediately by telephone at (305) 809-3811 of any accident or injury to anyone that
occurs on the jobsite and is related to any of the work being performed by the CONTRACTOR.
SAMPLE ENDORSEMENTS REQUIRED BY ARTICLE 34 ARE INCLUDED AS EXHIBITS A-J
ARTICLE 34
E. “BUILDERS RISK ALL RISK INSURANCE”
Builders Risk All Risk Insurance is not required as part of this contract.
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Contractor Insurance Requirements for the City of Key West, Florida
All contractors and subcontractors wishing to perform work for the City of Key West, Florida, will be required to
comply with the following minimum insurance requirements:
Commercial General Liability Limits:
$2,000,000 Aggregate
$1,000,000 Each Occurrence
$2,000,000 Products-Comp / Op Aggregate
$1,000,000 Personal & Advertising Injury
$300,000 Fire Damage / Legal
Coverage must include the following:
- Contractual Liability - Commercial Form
- CG2010 (1185) or Equivalent - Broad Form Property Damage
- No exclusion for XCU - Premises / Operations
- Products / Completed Operations - Independent Contractors (if any part of the work is
- Personal Injury to be subcontracted out)
Automobile Liability:
Additional Umbrella Liability:
Worker’s Compensation:
Employer’s Liability:
$1,000,000 Combined Single Limit
(Include Hired & Non-Owned Liability)
$0,000,000 Occurrence / Aggregate
Statutory
$1,000,000 Each Accident
$1,000,000 Disease-Policy Limit
$1,000,000 Disease-Each Employee
The City of Key West confirms that the scope of services specified in the Contract requires work on or near
a navigable waterway. Water description: Key West Bight. Therefore the following coverages will indeed be
required as specified in the contract documents:
• Workers Compensation/Employer Liability
USL&H Coverage (Longshore and Harbor Workers’ Compensation Act) Endorsement WC 000106A
Jones Act Coverage* Endorsement WC 000201A
• Marine Third Part Liability
Protection & Indemnity
$1,000,000 Limit
Note: Jones Act (Crew) coverage may be provided under the P&I policy, if Contractor is using an OWNED vessel
during the course of the work.
The above reflects the minimum requirements for working with the City of Key West. Any requirements found in a
particular job’s contract that are of a higher standard will prevail.
The City of Key West must be named as an additional insured under all policies other than worker’s compensation.
Contractor’s or subcontractor’s general liability shall be written on a primary and non-contributory basis.
Certificates of insurance must be accompanied by a copy of the additional insured endorsement (CG 20101185 or
combination of CG20100704 and CG20370704 will be accepted).
Contractors and subcontractors must obtain an endorsement from their carrier that waives and relinquishes any right
of subrogation against the City of Key West and its agents, representatives, employees, and affiliates they might
possess for any policy of insurance provided under this requirement or under any state or federal worker’s
compensation or employer’s liability act.
Contractor’s policies must be endorsed to give no less than thirty (30) days notice to the City in the event of material
change or cancellation.
The City of Key West must be given a certificate of insurance showing that the above requirements have been met.
The certificate of insurance must remain current and must include copies of the requested endorsements (additional
insured, cancellation notice, and waiver of subrogation) in order for the City to issue payments to the contractor or
subcontractor.
77

Agreement Articles
2012-09-01 00:00:00.0
U.S. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
Port Security Grant Program
GRANTEE:
City of Key West Port
PROGRAM:
Port Security Grant Program
AGREEMENT NUMBER: EMW-2012-PU-00056-S01
TABLE OF CONTENTS
Article I
Summary Description of Project
Article II
Administrative Requirements
Article III GPD - Trafficking Victims Protection Act of 2000
Article IV
GPD - Drug-Free Workplace Regulations
Article V Fly America Act of 1974
Article VI
Lobbying Prohibitions
Article VII
Activities Conducted Abroad
Article VIII
Acknowledgement of Federal Funding from DHS
Article IX
Copyright
Article X
Use of DHS Seal, Logo and Flags
Article XI
DHS Specific Achnowledgements and Assurances
Article XII Civil Rights Act of 1964
Article XIII Civil Right Act of 1968
Article XIV Americans with Disabilities Act of 1990
Article XV Age Discrimination Act of 1975
Article XVI Title IX of the Education Amendments of 1972
Article XVII Rehabilitation Act of 1973
Article XVIII
Limited English Proficiency
- 9 -
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Article XIX Animal Welfare Act of 1966
Article XX Clean Air Act of 1970 and Clean Water Act of 1977
Article XXI
Protection of Human Subjects
Article XXII National Environmental Policy Act (NEPA) of 1969
Article XXIII National Flood Insurance Act of 1968
Article XXIV Flood Distaster Protection Act of 1973
Article XXV
Article XXVI USA Patriot Act of 2001
Coastal Wetlands Planning, Protection, and Restoration Act
of 1990
Article I - Summary Description of Project
Project 1: Security Fence is approved for funding in the amount of $45,000.
Project 2: Boat Lifts is approved for funding in the amount of $45,000.
Article II - Administrative Requirements
The administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement arise from
two sources: - Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"), found under FEMA
regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments." - OMB Circular A-110, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, relocated to 2
CFR Part 215. The requirements for allowable costs/cost principles are contained in the A-102 Common Rule, OMB Circular
A-110 (2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of the
award. The four costs principles circulars are as follows: - OMB Circular A-21, Cost Principles for Educational Institutions,
relocated to 2 CFR Part 220. - OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated
to 2 CFR Part 225. - OMB Circular A-122, Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230. - OMB
Circular A-133, Audits of States, Local Governments and Non-Profit Organizations.
Article III - GPD - Trafficking Victims Protection Act of 2000
All recipients of financial assistance will comply with the requirements of the government-wide award term which implements
Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR
Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218,
November 13, 2007.In accordance with the statutory requirement, in each agency award under which funding is provided
to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the
agency to terminate the award, without penalty, if the recipient or a subrecipient - (a) Engages in severe forms of trafficking in
persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time that
the award is in effect; or (c) Uses forced labor in the performance of the award or subawards under the award. Full text of the
award term is provided at 2 CFR § 175.15.
Article IV - GPD - Drug-Free Workplace Regulations
All recipients of financial assistance will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.C. §
701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free
workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal
drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR
3001.
Article V - Fly America Act of 1974
All recipients of financial assistance will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel
supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers
holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such
service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.
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§ 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981,
amendment to Comptroller General Decision B138942.
Article VI - Lobbying Prohibitions
None of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract,
grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S.C. § 1352.
Article VII - Activities Conducted Abroad
All recipients of financial assistance will comply with the requirements that project activities carried on outside the United
States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or
approvals are obtained.
Article VIII - Acknowledgement of Federal Funding from DHS
All recipients of financial assistance will comply with requirements to acknowledge Federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole
or in part with Federal funds.
Article IX - Copyright
All recipients of financial assistance will comply with requirements that publications or other exercise of copyright for any
work first produced under Federal financial assistance awards hereto related unless the work includes any information that is
otherwise controlled by the Government (e.g., classified information or other information subject to national security or export
control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced
under this award, including those works published in academic, technical or professional journals, symposia proceedings,
or similar works, the recipient grants the Government a royalty-free, nonexclusive and irrevocable license to reproduce,
display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government
purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and
an acknowledgement of Government sponsorship (including award number) to any work first produced under an award.
Article X - Use of DHS Seal, Logo and Flags
All recipients of financial assistance must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions
of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
Article XI - DHS Specific Achnowledgements and Assurances
All recipients of financial assistance must acknowledge and agree-and require any subrecipients, contractors, successors,
transferees, and assignees acknowledge and agree-to comply with applicable provisions governing DHS access to records,
accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint
investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts,
and other documents and sources of information related to the grant and permit access to facilities, personnel, and other
individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program
guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain
appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data
collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three
years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English
proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending
or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil
Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of
race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the
recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint
and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of
these obligations.
Article XII - Civil Rights Act of 1964
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ll recipients of financial assistance will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
§ 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance.
Article XIII - Civil Right Act of 1968
All recipients of financial assistance will comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients
from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection
therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C.§ 3601 et seq.),
as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability
discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and
common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings
without elevators)-be designed and constructed with certain accessible features (see 24 CFR § 100.201).
Article XIV - Americans with Disabilities Act of 1990
All recipients of financial assistance will comply with the requirements of Titles I, II, and III of the Americans with Disabilities
Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101-12213).
Article XV - Age Discrimination Act of 1975
All recipients of financial assistance will comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101
et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance.
Article XVI - Title IX of the Education Amendments of 1972
All recipients of financial assistance will comply with the requirements of Title IX of the Education Amendments of 1972
(20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving
Federal financial assistance. These regulations are codified at 44 CFR Part 19.
Article XVII - Rehabilitation Act of 1973
All recipients of financial assistance will comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29
U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely
by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or
services as well as to employment.
Article XVIII - Limited English Proficiency
All recipients of financial assistance will comply with the requirements of Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency
guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure
compliance with Title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your
programs. Meaningful access may entail providing language assistance services, including oral and written translation, where
necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered
both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP
obligations, go to http://www.lep.gov.
Article XIX - Animal Welfare Act of 1966
All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. §
2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for
commercial sale, used in research, transported commercially, or exhibited to the public. Recipients must establish appropriate
policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory
Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of
Animals.
Article XX - Clean Air Act of 1970 and Clean Water Act of 1977
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All recipients of financial assistance will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738,
which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and
welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered
research for other purposes.
Article XXI - Protection of Human Subjects
All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46,
which requires that recipients comply with applicable provisions/law for the protection of human subjects for purposes
of research. Recipients must also comply with the requirements in DHS Management Directive 026-04, Protection of
Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means
a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to
general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are
conducted or supported under a program that is considered research for other purposes. The regulations specify additional
protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and
children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated
by 45 CFR Part 46.
Article XXII - National Environmental Policy Act (NEPA) of 1969
All recipients of financial assistance will comply with the requirements of the National Environmental Policy Act (NEPA),
as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance
the environment, including protection against natural disasters. To comply with NEPA for its grant-supported activities,
DHS requires the environmental aspects of construction grants (and certain non-construction projects as specified by the
Component and awarding office) to be reviewed and evaluated before final action on the application.
Article XXIII - National Flood Insurance Act of 1968
All recipients of financial assistance will comply with the requirements of Section 1306(c) of the National Flood Insurance Act,
as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation
of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by
an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44
CFR Part 63.
Article XXIV - Flood Distaster Protection Act of 1973
All recipients of financial assistance will comply with the requirements of the Flood Disaster Protection Act of 1973, as
amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct
property may be provided in identified flood-prone communities in the United States, unless the community participates in the
National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance
purchase requirement applies to both public and private applicants for DHS support. Lists of floodprone areas that are eligible
for flood insurance are published in the Federal Register by FEMA.
Article XXV - Coastal Wetlands Planning, Protection, and Restoration Act of 1990
All recipients of financial assistance will comply with the requirements of Executive Order 11990, which provides that federally
funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order
provides that, in furtherance of Section 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted
by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds
that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures
to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into
account economic, environmental, and other pertinent factors. The public disclosure requirement described above also
pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9.
Article XXVI - USA Patriot Act of 2001
All recipients of financial assistance will comply with the requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§
175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system
of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful
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purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act,
may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent.
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PART 4
SCOPE OF WORK
94

KEY WEST BIGHT FERRY TERMINAL BOAT LIFTS
Selected Bidder shall be responsible for the design, purchase, permitting and installation of all
components necessary to complete two (2) side elevator boat lifts, each with a boarding platform, at Key
West Bight Ferry Terminal.
Installation of two (2) Marine Grade Aluminum Side Elevator Boat Lifts designed with a lifting capacity
of 18,000 lbs.
SPECIFICATIONS for two (2) model LBL 170 Side Elevator Boat Lift
Manufactured by Lifetime Boat Lifts, Inc. (Formerly ABL Boat Lifts, Inc.)
10120 Betsy Parkway, St. James City, FL 33956
• Model LBL 170 Marine Grade Aluminum Side Elevator Boat Lift (or equal) Maximum 18,000
lbs. Capacity each with a boarding platform.
• All Aluminum Boat Lift Parts are 6061T Marine Grade Aluminum .
• All Bolts and Pins are Stainless Steel
• Lifting arms consist of an engineered Heavy Duty 10” x 7” Structurally Welded Aluminum Box
Beam Combined with a Pair of Upper and Lower 2 ½” x 8” Pivoting and Compensating (4)Wheel
Sets (8 Wheels per Car Arm) Integrated into a Heavy Duty Upper Aluminum All Welded Frame.
This Car Arm is a One Piece Non-Adjustable Welded Structure. There are Two Car Arms per
LBL 170 Boat Lift. The Two Car Arms are connected together with an adjustable aluminum X-
Brace assembly
• Each of the Two Super High Speed Drive Lifting Systems are driven by a 2 HP Electric TEFC
Motor Direct Coupling Double Reduction Heavy Duty Enclosed Gearbox into a 1 ¾” O.D.
Stainless Steel Drive Shaft and through bolted to a 3 ½” O.D. Heat Treated Hardened Machine
Grooved Aluminum Drum Winder which is Enclosed in an Aluminum Housing. Lifting Speed is
48” per minute.
• The Boat will Rest on the Exclusive LBL “Pivoting” All Aluminum Bunk System, which
includes fully adjustable All Aluminum Cradle Bunks with Heavy Duty High Density Fender
Material
• The Lifting Cables are 3/8” Diameter Stainless Steel Aircraft Style Cables
• The Fully Adjustable Guide Pole System consists of a 3” O.D. x 5 Ft. Heavy Duty Aluminum
Pipe inserted inside of a 4 “ O.D x 10’ High White PVC Heavy Wall Pipe.
• The Underwater Cross Brace is a 3 ½” x 5 ½” I-beam.
• The Top Brace is a 3” X 3” X 3/8” Aluminum Angle
• Four Wireless Waterproof Dual Motor Radio Remote Control (to be installation by others) and
alternate manual operation included with each LBL 170 Boat Lift
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Project Requirements
• Contractor is responsible for all associated costs for the purchase and installation of
complete boat lifts.
• Two (2) radio remote controls for each lift.
• Contractor is required to supply all documents necessary for grant reimbursement.
• Contractor will be responsible for contracting with and paying for a licensed engineer to
develop signed and sealed drawings that are in accordance with local, state and federal
regulations and guidelines.
• Contractor will be responsible for as-built drawings and project manuals at project
closeout.
• Equipment and installation will have a two year warranty on parts and labor.
• Contractor is responsible for obtaining all local, state & federal permits and paying for all
fees associated with permits.
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PART 5
SITE PHOTOS
97